South Dakota Real Estate Purchase Agreement

Customize our South Dakota Real Estate Purchase Agreement template to adhere to state laws for a more flexible contract that’s more conducive to ongoing discussions.

Legal Aspects 

In the context of a real estate purchase agreement in South Dakota, four (4) crucial components are necessary for the formation of a legitimate contract:

• Parties with the ability to contract: This refers to the individuals or entities involved in the contract who must be legally capable of entering into a binding agreement. This typically means they’re of legal age and sound mind.
• Mutual agreement of the parties: Both parties involved in the contract must willingly and knowingly agree to the terms and conditions laid out in the contract. This is often referred to as a “meeting of the minds.”
• A lawful purpose: The objective or purpose of the contract must be legal. Any contract based on an illegal act or purpose won’t be upheld in court.
• Adequate consideration refers to what each party gives up in exchange for the other party’s performance. It could be money, services, goods, or a promise to perform or refrain from performing a certain action. The consideration must be something of value, and it must be mutual.

Writing Requirement (when it becomes legal) 

From a technical standpoint, a sales agreement can exhibit a degree of artistic liberty in its design. Some aspects, like the purchase price, are always included, while others, such as specific conditions, might not be. Here are some standard components you might find:

• Details of the parties involved in the sales agreement
• The property’s purchase price
• The date of closing
• Parties accountable for various costs and fees
• Provisions for financing
• Insurance
• Additional conditions
• Signatures from all parties

It’s important to remember that a real estate contract is a legally enforceable document. Therefore, it’s beneficial to seek the guidance of a legal professional during the process.

Required Disclosures 

In addition to any substantial issues with the property, sellers in South Dakota are required to provide the following:

• Seller’s Property Condition Disclosure Statement: In South Dakota, sellers must present this report to potential buyers before making a formal offer. This statement outlines any known significant problems with the property.
• Lead-Based Paint Disclosure: For homes built before 1978, a disclosure must be provided during the property transfer. This disclosure should contain any information about the presence of lead on the property and include educational resources detailing the risks associated with exposure to this hazardous material.
• Real Estate Relationships Disclosure: This document defines the relationship between a buyer or seller and a licensed real estate agency. It clarifies the roles and responsibilities of each party in the transaction.