Fill and Sign the Residential Real Estate Sales Disclosure Statement South Dakota Form

SELLER’S PROPERTY CONDITION DISCLOSURE STATEMENT (This disclosure shall be completed by the seller. This is a disclosure required by law. If you do not understand this form, seek legal advice.) Seller________________________________________ Property Address_____________________________________ This Disclosure Statement concerns the real property identified above situated in the City of _______________________ County of ______________________________ , State of South Dakota. THIS STATEMENT IS A DISCLOSURE OF THE CONDITION OF THE ABOVE DESCRIBED PROPERTY IN COMPLIANCE WITH § 43-4-38. IT IS NOT A WARRANTY OF ANY KIND BY THE SELLER OR ANY AGENT REPRESENTING ANY PARTY IN THIS TRANSACTION AND IS NOT A SUBSTITUTE FOR ANY INSPECTIONS OR WARRANTIES THE PARTIES MAY WISH TO OBTAIN. Seller hereby authorizes any agent representing any party in this transaction to provide a copy of this statement to any person or entity in connection with any actual or anticipated sale of the property. IF ANY MATERIAL FACT CHANGES BEFORE CONVEYANCE OF TITLE TO THIS PROPERTY, THE SELLER MUST DISCLOSE SUCH MATERIAL FACT WITH A WRITTEN AMENDMENT TO THIS DISCLOSURE STATEMENT. I. LOT OR TITLE INFORMATION 1. When did you purchase or build the home? ________________________________ If the answer is yes to any of the following, please explain under additional comments or on an attached separate sheet. 2. Were there any title problems when you purchased the property? Yes ____ No ____ 3. Are there any recorded liens or financial instruments against the property, other than a first mortgage? Yes ____ No ____ 4. Are there any unrecorded liens or financial instruments against the property, other than a first mortgage; or have any materials or services been provided in the past one hundred twenty days that would create a lien against the property under chapter 44-9? Yes ____ No ____ Unknown ____ 5. Are there any easements which have been granted in connection with the property (other than normal utility easements for public water and sewer, gas and electric service, telephone service, cable television service, drainage, and sidewalks)? Yes ____ No ____ Unknown ____ 6. Are there any problems related to establishing the lot lines/boundaries? Yes ____ No ____ Unknown ____ 7. Do you have a location survey in your possession or a copy of the recorded plat? If yes, attach a copy. Yes ____ No ____ Unknown ____ 8. Are you aware of any encroachments or shared features, from or on adjoining property (i.e. fences, driveway, sheds, outbuildings, or other improvements)? Yes ____ No ____ 9. Are you aware of any covenants or restrictions affecting the use of the property in accordance with local law? If yes, attach a copy of the covenants and restrictions. Yes ____ No ____ 10. Are you aware of any current or pending litigation, foreclosure, zoning, building code or restrictive covenant violation notices, mechanic's liens, judgments, special assessments, zoning changes, or changes that could affect your property? Yes ____ No ____ 11. Is the property currently occupied by the owner? Yes ____ No ____ 12. Does the property currently receive the owner occupied tax reduction pursuant to SDCL 10-13-39? Yes ____ No ____ 13. Is the property currently part of a property tax freeze for any reason? Yes ____ No ____ Unknown ___ 14. Is the property leased? Yes ____ No ____ 15. If leased, does the property use comply with local zoning laws? Yes ____ No ____ 16. Does this property or any portion of this property receive rent? Yes ____ No ____ If yes, how much $____ and how often ____? 17. Do you pay any mandatory fees or special assessments to a homeowners' or condominium association? Yes ____ No ____ If yes, what are the fees or assessments? $ ____ per ____ (i.e. annually, semi-annually, monthly) Payable to whom: _______________________________ For what purpose? ________________________________ 18. Are you aware if the property has ever had standing water in either the front, rear, or side yard more than forty-eight hours after heavy rain? Yes ____ No ____ 19. Is the property located in or near a flood plain? Yes ____ No ____ Unknown ____ 20. Are wetlands located upon any part of the property? Yes ____ No ____ Unknown ____ 21. Are you aware of any private transfer fee obligations, as defined pursuant to § 43-4-48, that would require a buyer or seller of the property to pay a fee or charge upon the transfer of the property, regardless of whether the fee or charge is a fixed amount or is determined as a percentage of the value of the property? Yes ____ No ____ Unknown ____ If yes, what are the fees or charges? $__________ per __________ (i.e. annually, semi-annually, monthly) II. STRUCTURAL INFORMATION If the answer is yes to any of the following, please explain under additional comments or on an attached separate sheet. 1. Are you aware of any water penetration problems in the walls, windows, doors, basement, or crawl space? Yes ____ No ____ 2. What water damage related repairs, if any, have been made? _______________________________________________ If any, when? ____________________________________________________________________________________ 3. Are you aware if drain tile is installed on the property? Yes ____ No ____ 4. Are you aware of any interior cracked walls or floors, or cracks or defects in exterior driveways, sidewalks, patios, or other hard surface areas? Yes ____ No ____ What related repairs, if any, have been made? __________________________________________________________ 5. Are you aware of any roof leakage, past or present? Yes ____ No ____ Type of roof covering: ___________________________________________ Age: ____________________________ What roof repairs, if any, have been made, when and by whom? ____________________________________________ ________________________________________________________________________________________________ Describe any existing unrepaired damage to the roof: _____________________________________________________ 6. Are you aware of insulation in: the ceiling/attic? Yes ____ No ____ the walls? Yes ____ No ____ the floors? Yes ____ No ____ 7. Are you aware of any pest infestation or damage, either past or present? Yes _____ No _____ 8. Are you aware of the property having been treated for any pest infestation or damage? Yes ____ No ____ If yes, who treated it and when? ____________________________________________________ 9. Are you aware of any work upon the property which required a building, plumbing, electrical, or any other permit? Yes ____ No ____ If yes, describe the work: _________________________________________________________ Was a permit obtained? Yes _____ No _____ Was the work approved by an inspector? Yes _____ No ______ 10. Are you aware of any past or present damage to the property (i.e. fire, smoke, wind, floods, hail, or snow)? Yes ____ No ____ If yes, describe ___________________________________________________________ Have any insurance claims been made? Yes ____ No ____ Unknown ____ Was an insurance payment received? Yes ____ No ____ Unknown ____ Has the damage been repaired? Yes ____ No ____ If yes, describe in detail: _________________________ ______________________________________________________________________________________________ 11. Are you aware of any problems with sewer blockage or backup, past or present? Yes ______ No ______ 12. Are you aware of any drainage, leakage, or runoff from any sewer, septic tank, storage tank, or drain on the property into any adjoining lake, stream, or waterway? Yes _____ No_______ If yes, describe in detail: ______________________________________________________________________________________________ ______________________________________________________________________________________________ III. SYSTEMS/UTILITIES INFORMATION None/Not Included Working Not Working 1. 220 Volt Service 2. Air Exchanger 3 . Air Purifier 4 . Attic Fan 5 . Burglar Alarm & Security System 6. Ceiling Fan 7 . Central Air – Electric 8. Central Air – Water Cooled 9. Cistern 10. Dishwasher 11. Disposal 12. Doorbell 13. Fireplace 14. Fireplace Insert 15. Garage Door/Opener Control(s) 16. Garage Wiring 17 . Heating System 18. Hot Tub, Whirlpool, and Controls 19. Humidifier 20. Intercom 21. Light Fixtures 22 . Microwave/Hood 23 . Plumbing and Fixtures 24 . Pool and Equipment 25 . Propane Tank 26. Radon System 27. Sauna 28. Septic/Leaching Field 29. Sewer Systems/Drains 30. Smoke/Fire Alarm 31. Solar House – Heating 32 . Sump Pump(s) 33. Switches and Outlets 34. Underground Sprinkler and Heads 35. Vent Fan 36. Water Heater – Electric or Gas 37. Water Purifier 38. Water Softener – Leased or Owned 39 . Well and Pump 40. Wood Burning Stove IV. HAZARDOUS CONDITIONS Are you aware of any existing hazardous conditions of the property and are you aware of any tests having been performed? Existing Conditions Tests Performed Yes No Yes No 1. Methane Gas 2. Lead Paint 3. Radon Gas (House) 4. Radon Gas (Well) 5. Radioactive Materials 6. Landfill, Mineshaft 7. Expansive Soil 8. Mold 9. Toxic Materials 10. Urea Formaldehyde Foam Insulations 11. Asbestos Insulation 12. Buried Fuel Tanks 13. Chemical Storage Tanks 14. Fire Retardant Treated Plywood 15. Production of Methamphetamines If the answer is yes to any of the questions above, please explain in additional comments or on an attached separate sheet. V. MISCELLANEOUS INFORMATION 1. Is the street or road located at the end of the driveway to the property public or private? Public ____ Private ____ 2. Is there a written road maintenance agreement? Yes ____ No ____ If yes, attach a copy of the maintenance agreement. 3. When was the fireplace/wood stove/chimney flue last cleaned?_____________________________________________ 4. Within the previous twelve months prior to signing this document, are you aware of any of the following occurring on the subject property? a. A human death by homicide or suicide? Yes ____ No ____ If yes, explain:____________________________________________________________________________________ b. Other felony committed against the property or a person on the property? Yes ____ No ____ If yes, explain: ___________________________________________________________________________________ 5. Is the water source (select one) _____ public or _____ private? 6. If private, what is the date and result of the last water test? ________________________________________________ 7. Is the sewer system (select one) _____public or _____ private? 8. If private, what is the date of the last time the septic tank was pumped? ______________________________________ 9. Are there broken window panes or seals? Yes ____ No ____ If yes, specify: ___________________________________________________________________________________ 10. Are there any items attached to the property that will not be left, such as: towel bars, mirrors, swag lamps and hooks, curtain rods, window coverings, light fixtures, clothes lines, swing sets, storage sheds, ceiling fans, basketball hoops, mail boxes, etc. Yes ____ No ____ If yes, please list ________________________________________________________________________________ 11. Are you aware of any other material facts or problems that have not been disclosed on this form? Yes ____ No ____ If yes, explain: _________________________________________________________________ VI. ADDITIONAL COMMENTS (ATTACH ADDITIONAL PAGES IF NECESSARY) __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ CLOSING SECTION The Seller hereby certifies that the information contained herein is true and correct to the best of the Seller's information, knowledge, and belief as of the date of the Seller's signature below. If any of these conditions change before conveyance of title to this property, the change will be disclosed in a written amendment to this disclosure statement. __________________________________________________ ______________________________________________________ Seller Date Seller Date THE SELLER AND THE BUYER MAY WISH TO OBTAIN PROFESSIONAL ADVICE AND INSPECTIONS OF THE PROPERTY TO OBTAIN A TRUE REPORT AS TO THE CONDITION OF THE PROPERTY AND TO PROVIDE FOR APPROPRIATE PROVISIONS IN ANY CONTRACT OF SALE AS NEGOTIATED BETWEEN THE SELLER AND THE BUYER WITH RESPECT TO SUCH PROFESSIONAL ADVICE AND INSPECTIONS. I/We acknowledge receipt of a copy of this statement on the date appearing beside my/our signature(s) below. Any agent representing any party to this transaction makes no representations and is not responsible for any conditions existing in the property. _____________________________________________ __________________________________________________ Buyer Date Buyer Date