reglab/housing_qa huggingface dataset:
SD Codified L § 43-4-16 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 04 - Transfer Of Property|Section 43-4-16 - Grantee favored in interpretation of grant--Exception.

43-4-16. Grantee favored in interpretation of grant--Exception.A grant is to be interpreted in favor of the grantee, except that a reservation in any grant, and every grant by a public officer or body, as such, to a private party, is to be interpreted in favor of the grantor. Source: CivC 1877, §615; CL 1887, §3238; RCivC 1903, §931; RC 1919, §533; SDC 1939, §51.1310.
SD Codified L § 43-4-19 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 04 - Transfer Of Property|Section 43-4-19 - Transfer of present interest and benefit of condition or covenant.

43-4-19. Transfer of present interest and benefit of condition or covenant.A present interest, and the benefit of a condition or covenant respecting property, may be taken by any natural person under a grant, although not named a party thereto. Source: CivC 1877, §621; CL 1887, §3244; RCivC 1903, §937; RC 1919, §539; SDC 1939, §51.1313.
SD Codified L § 43-4-20 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 04 - Transfer Of Property|Section 43-4-20 - Definition of terms.

43-4-20. Definition of terms.Terms used in §§43-4-20 to 43-4-26, inclusive, mean:(1)"Consideration," any type of property or thing of legal value, whether delivered in the past, present, or to be delivered in the future. The term includes like-kind exchanges of property;(2)"Deed," any instrument for the purpose of transferring or conveying the fee title to real property;(3)"Register," the register of deeds of any county in the State of South Dakota; and(4)"Value," in the case of any deed not a gift, the amount of the full consideration therefor paid, or to be paid. Source: SL 1968, ch 27, §1; SL 1987, ch 314; SL 2007, ch 248, §1.
SD Codified L § 43-4-21 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 04 - Transfer Of Property|Section 43-4-21 - Imposition and amount of real estate transfer fee.

43-4-21. Imposition and amount of real estate transfer fee.A fee is hereby imposed at the rate of fifty cents for each five hundred dollars of value or fraction thereof upon the privilege of transferring title to real property in the State of South Dakota, which fee shall be paid by the grantor. Source: SL 1968, ch 27, §2.
SD Codified L § 43-4-22 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 04 - Transfer Of Property|Section 43-4-22 - Exemptions from real estate transfer fee.

43-4-22. Exemptions from real estate transfer fee.The fee imposed by §43-4-21 does not apply to any transfer of title:(1)Recorded before July 1, 1968;(2)By or to the United States of America, this state, or any instrumentality, agency, or political subdivision of either;(3)Solely in order to provide for or to release security for a debt or obligation;(4)Which confirms or corrects a deed previously executed and recorded;(5)Between husband and wife, or parent and child with only nominal actual consideration therefor;(6)On sale for delinquent taxes or assessments, sheriffs' deeds, other deeds issued in foreclosure actions or proceedings or deeds issued in lieu of foreclosure actions or proceedings;(7)On partition;(8)Pursuant to any mergers or consolidations of corporations or limited liability companies or plans of reorganization by which substantially all of the assets of corporations or limited liability companies are transferred;(9)By a subsidiary corporation to its parent corporation for no consideration, nominal consideration, or in sole consideration of the cancellation or surrender of the subsidiary's stock;(10)Pursuant to decrees of distribution entered in any decedent's estate;(11)Between an individual grantor, or grantors, and a corporation, where the grantor or grantors and the owner of the majority of the capital stock of the corporation are the same person;(12)Between any corporation and its stockholders or creditors, or between any limited liability company and its members or creditors, if to effectuate a dissolution of the corporation or limited liability company it is necessary to transfer the title of real property from the corporate entity to the stockholders or creditors;(13)On cemetery lots and grave sites;(14)Between an individual grantor, or grantors, and a limited or general partnership if the grantor or grantors and the owner of the majority interest in the limited or general partnership are the same person;(15)Between a fiduciary and a beneficiary of the fiduciary or between a fiduciary and a third party, if the transfer or conveyance is to accommodate the fiduciary relationship;(16)Between individuals, regardless of the relationship, if the conveyance is an absolute gift without consideration of any kind in return for the conveyance;(17)Pursuant to a decree of divorce, annulment, or separate maintenance or pursuant to a settlement agreement approved or adopted by a decree of divorce, annulment, or separate maintenance;(18)For which no consideration was given;(19)Between any limited liability company and its members. Source: SL 1968, ch 27, §6; SL 1969, ch 26, §§2, 3; SL 1972, ch 232, §1; SL 1978, ch 304; SL 1980, ch 292; SL 1985, ch 335; SL 1989, ch 376; SL 1990, ch 346; SL 1994, ch 351, §168.
SD Codified L § 43-4-23 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 04 - Transfer Of Property|Section 43-4-23 - Exempt transfers to be marked.

43-4-23. Exempt transfers to be marked.Each transfer of title not subject to the fee as provided in §43-4-21, shall have the words "exempt from transfer fee" stated thereon and indicate the applicable subdivision of §43-4-22 under which the exemption is claimed. Source: SL 1968, ch 27, §3; SL 1987, ch 315.
SD Codified L § 43-4-24 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 04 - Transfer Of Property|Section 43-4-24 - Collection of real estate transfer fee by register--Amount indicated on face of deed.

43-4-24. Collection of real estate transfer fee by register--Amount indicated on face of deed.At the time any deed evidencing a transfer of title subject to the fee imposed by §43-4-21 is offered for recordation, the register shall collect the fee based upon the value declared and shall indicate the amount of the fee on the face of the deed after recordation. Source: SL 1968, ch 27, §2; SL 2007, ch 249, §1.
SD Codified L § 43-4-25 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 04 - Transfer Of Property|Section 43-4-25 - Disposition of proceeds of real estate transfer fee collections--Records of register.

43-4-25. Disposition of proceeds of real estate transfer fee collections--Records of register.The proceeds of all fees collected under §43-4-21 shall be remitted on a monthly basis to the credit of the county general fund by the register, who shall obtain a receipt therefor from the county treasurer and keep such records as may be prescribed by the state auditor general. Source: SL 1968, ch 27, §4; SL 1972, ch 232, §2.
SD Codified L § 43-4-26 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 04 - Transfer Of Property|Section 43-4-26 - Falsification of value of real estate or false claim of exemption as misdemeanor.

43-4-26. Falsification of value of real estate or false claim of exemption as misdemeanor.No person may intentionally falsify the value of transferred real estate to the register or intentionally claim a transfer to be "exempt from transfer fee" with knowledge that the transfer does not fall within the exemptions provided in this chapter and to pay an insufficient fee or no fee on such transfer as provided in §43-4-21. A violation of this section is a Class 1 misdemeanor. Source: SL 1968, ch 27, §5; SL 1969, ch 26, §1; SL 1983, ch 15, §1; SL 1989, ch 377.
SD Codified L § 43-4-27 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 04 - Transfer Of Property|Section 43-4-27 - Satisfaction of bequest, devise, or transfer in trust by distribution of assets in kind at values determined for federal estate tax purposes--Appreciation or depreciation in value considered.

43-4-27. Satisfaction of bequest, devise, or transfer in trust by distribution of assets in kind at values determined for federal estate tax purposes--Appreciation or depreciation in value considered.Whenever under any last will, or trust indenture, the personal representative, trustee, or other fiduciary is required to, or has an option to, satisfy a bequest, devise, or transfer in trust to or for the benefit of the surviving spouse, or other beneficiary, in kind at the values as finally determined for federal estate tax purposes, the personal representative, trustee, or other fiduciary shall, in the absence of contrary provisions in such will or trust indenture, satisfy such bequest, devise, or transfer by distribution of assets, including cash, fairly representative of the appreciation or depreciation in the value of all properties available for distribution in satisfaction of such bequest, devise, or transfer. Source: SL 1968, ch 152, §1; SL 1995, ch 167, §188.
SD Codified L § 43-4-28 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 04 - Transfer Of Property|Section 43-4-28 - Effective date of application of provisions as to distributions at values determined for federal estate tax purposes.

43-4-28. Effective date of application of provisions as to distributions at values determined for federal estate tax purposes.The provisions of §43-4-27 shall apply to wills of the kind mentioned of all decedents dying before or after July 1, 1968, and to all trust indentures of the kind mentioned, whether made before or after July 1, 1968, and to the distributions of assets under all such wills or trust indentures, made after July 1, 1968, but it shall not apply to any distributions made prior to July 1, 1968, and shall not impose any liability or obligation upon any fiduciary as a result of any distribution prior to July 1, 1968. Source: SL 1968, ch 152, §2.
SD Codified L § 43-4-37 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 04 - Transfer Of Property|Section 43-4-37 - Definition of terms for required disclosures in certain real estate transfers.

43-4-37. Definition of terms for required disclosures in certain real estate transfers.Terms used in §§43-4-38 to 43-4-44, inclusive, mean:(1)"Buyer," a person negotiating or attempting to become an owner of residential real property by means of a transfer which is subject to §§43-4-38 to 43-4-44, inclusive;(2)"Disclosure statement," the property condition disclosure statement as provided in §43-4-44;(3)"Residential real property," all residential real property consisting of not more than four family dwelling units, all of which are contained in one structure;(4)"Seller," an owner of residential real property;(5)"Transfer," a sale, exchange, installment sale contract, lease with an option to purchase, other option to purchase, or a ground lease coupled with improvements. Source: SL 1993, ch 325, §1; SL 1994, ch 337, §1.
SD Codified L § 43-4-38 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 04 - Transfer Of Property|Section 43-4-38 - Buyer furnished completed disclosure statement prior to written offer--Amendment.

43-4-38. Buyer furnished completed disclosure statement prior to written offer--Amendment.The seller of residential real property shall furnish to a buyer a completed copy of the disclosure statement before the buyer makes a written offer. If after delivering the disclosure statement to the buyer or the buyer's agent and prior to the date of closing for the property or the date of possession of the property, whichever comes first, the seller becomes aware of any change of material fact which would affect the disclosure statement, the seller shall furnish a written amendment disclosing the change of material fact. Source: SL 1993, ch 325, §2; SL 1994, ch 337, §2; SL 1995, ch 247.
SD Codified L § 43-4-39 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 04 - Transfer Of Property|Section 43-4-39 - Terminating written offer made prior to disclosure statement.

43-4-39. Terminating written offer made prior to disclosure statement.If the disclosure statement or a material amendment to the disclosure statement is delivered to the buyer after the buyer has made a written offer, the buyer may terminate the offer by delivering a written notice of termination to the seller or the seller's agent within three days after the disclosure statement or amendment is delivered in person or within six days after the disclosure statement or amendment is delivered by deposit in the mail. Source: SL 1993, ch 325, §3.
SD Codified L § 43-4-40 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 04 - Transfer Of Property|Section 43-4-40 - Liability for defect disclosed in statement.

43-4-40. Liability for defect disclosed in statement.Except as provided in §43-4-42, a seller is not liable for a defect or other condition in the residential real property being transferred if the seller truthfully completes the disclosure statement. Source: SL 1993, ch 325, §4; SL 1994, ch 337, §3.
SD Codified L § 43-4-41 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 04 - Transfer Of Property|Section 43-4-41 - Good faith disclosure required.

43-4-41. Good faith disclosure required.The seller shall perform each act and make each disclosure in good faith. Source: SL 1993, ch 325, §5.
SD Codified L § 43-4-42 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 04 - Transfer Of Property|Section 43-4-42 - Liability for failure to comply with disclosure statement requirements.

43-4-42. Liability for failure to comply with disclosure statement requirements.A transfer that is subject to §§43-4-37 to 43-4-44, inclusive, is not invalidated solely because a person fails to comply with §§43-4-37 to 43-4-44, inclusive. However, a person who intentionally or who negligently violates §§43-4-37 to 43-4-44, inclusive, is liable to the buyer for the amount of the actual damages and repairs suffered by the buyer as a result of the violation or failure. In any court action pursuant to this section, the court may award costs and attorney fees to the prevailing party. Nothing in this section precludes or restricts any other rights or remedies of the buyer or seller. Source: SL 1993, ch 325, §6; SL 2009, ch 220, §1.
SD Codified L § 43-4-43 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 04 - Transfer Of Property|Section 43-4-43 - Application of disclosure statement requirements.

43-4-43. Application of disclosure statement requirements.Sections 43-4-37 to 43-4-44, inclusive, do not apply to the following transfers:(1)Transfers pursuant to court order, including transfers ordered by probate court in the administration of an estate, transfers between spouses resulting from a judgment of dissolution of marriage or legal separation, transfer pursuant to a writ of execution, transfers by a trustee in bankruptcy, transfers by eminent domain, transfers by government agencies, and transfers resulting from a decree for specific performance;(2)Transfers to a mortgagee by a mortgagor in default, transfers by any foreclosure sale after default in an obligation secured by a mortgage, transfers by a mortgagee or a beneficiary under a deed of trust who has acquired the real property by foreclosure or by a deed in lieu of foreclosure or transfers by a collateral assignment of beneficial interest;(3)Transfers by a fiduciary in the course of the administration of a decedent's estate, guardianship, conservatorship, or trust;(4)Transfers from one co-owner to one or more other co-owners;(5)Transfers made to a spouse, a child, a parent, a sibling, a grandchild, or a grandparent;(6)Transfers of newly constructed residential real property which has never been occupied. Source: SL 1993, ch 325, §7; SL 1994, ch 337, §5.
SD Codified L § 43-4-46 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 04 - Transfer Of Property|Section 43-4-46 - Transfer defined.

43-4-46. Transfer defined.For the purposes of §§43-4-47 to 43-4-57, inclusive, the term, transfer, means the sale, gift, conveyance, assignment, inheritance, or other transfer of an ownership interest in real property located in this state. Source: SL 2011, ch 196, §1.
SD Codified L § 43-4-48 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 04 - Transfer Of Property|Section 43-4-48 - Private transfer fee obligation defined.

43-4-48. Private transfer fee obligation defined.For the purposes of §§43-4-47 to 43-4-57, inclusive, the term, private transfer fee obligation, means an obligation arising under a declaration or covenant recorded against the title to real property, or under any other contractual agreement or promise, whether or not recorded, that requires or purports to require the payment of a private transfer fee to the declarant or other person specified in the declaration, covenant, or agreement, or to any successor or assign, upon a subsequent transfer of an interest in the real property. Source: SL 2011, ch 196, §3.
SD Codified L § 43-4-49 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 04 - Transfer Of Property|Section 43-4-49 - Private transfer fee obligations after June 30, 2011 unenforceable-- Private transfer fee obligations before June 30, 2011 not presumed valid and enforceable.

43-4-49. Private transfer fee obligations after June 30, 2011 unenforceable-- Private transfer fee obligations before June 30, 2011 not presumed valid and enforceable.Any private transfer fee obligation recorded or entered into in this state after June 30, 2011, does not run with the title to real property and is not binding on or enforceable at law or in equity against any subsequent owner, purchaser, or mortgagee of any interest in real property as an equitable servitude or otherwise. Any private transfer fee obligation that is recorded or entered into in this state after June 30, 2011, is void and unenforceable. No private transfer fee obligation recorded or entered into in this state before June 30, 2011, is presumed valid and enforceable. Source: SL 2011, ch 196, §4.
SD Codified L § 43-4-50 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 04 - Transfer Of Property|Section 43-4-50 - Liability for private transfer fee obligations recorded or entered into after June 30, 2011.

43-4-50. Liability for private transfer fee obligations recorded or entered into after June 30, 2011.Any person who records or enters into an agreement imposing a private transfer fee obligation in the person's favor after June 30, 2011, is liable for any damages resulting from the imposition of the transfer fee obligation on the transfer of an interest in the real property, including the amount of any transfer fee paid by a party to the transfer, and any attorney fees, expenses, and costs incurred by a party to the transfer or mortgagee of the real property to recover any transfer fee paid or in connection with an action to quiet title. If an agent acts on behalf of a principal to record or secure a private transfer fee obligation, liability shall be assessed to the principal, rather than the agent. Source: SL 2011, ch 196, §5.
SD Codified L § 43-4-51 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 04 - Transfer Of Property|Section 43-4-51 - Disclosure of private transfer fee obligations.

43-4-51. Disclosure of private transfer fee obligations.Private transfer fee obligations shall be disclosed as follows:(1)For transfers of real property subject to the disclosure requirements contained in §§43-4-38 to 43-4-44, inclusive, disclosure of any private transfer fee obligations shall be made using the property condition disclosure statement set forth in §43-4-44;(2)For transfers of real property not subject to the disclosure requirements contained in §§43-4-38 to 43-4-44, inclusive, each seller of real property shall furnish to any purchaser a written statement disclosing the existence of any private transfer fee obligation. This written statement shall include a description of the private transfer fee obligation and include a statement that private transfer fee obligations are subject to certain prohibitions pursuant to §§43-4-46 to 43-4-57, inclusive. The written document must contain a statement with the following language:A private transfer fee obligation has been imposed with respect to this property. A private transfer obligation may lower the value of this property. State law prohibits the creation of private transfer fee obligations pursuant to §43-4-49 and requires certain notice procedures to be followed with respect to private transfer fee obligations pursuant to §§43-4-52 to 43-4-57, inclusive. Source: SL 2011, ch 196, §6.
SD Codified L § 43-4-52 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 04 - Transfer Of Property|Section 43-4-52 - Notices of private transfer fee obligation to be recorded for obligations imposed before July 1, 2011--Contents.

43-4-52. Notices of private transfer fee obligation to be recorded for obligations imposed before July 1, 2011--Contents.For any private transfer fee obligation imposed prior to July 1, 2011, the receiver of the fee shall, prior to December 31, 2011, record in the office of the register of deeds in the county in which the real property subject to the private transfer fee is located, a separate document that meets all of the following requirements:(1)The title of the document shall be Notice of Private Transfer Fee Obligation in at least fourteen point boldface type;(2)The amount, if the fee is a flat amount, or the percentage of the sales price constituting the cost of the transfer fee, or such other basis by which the transfer fee is to be calculated;(3)If the real property is residential property, actual dollar-cost examples of the transfer fee for a home priced at one hundred thousand dollars, two hundred fifty thousand dollars, and five hundred thousand dollars;(4)The date or circumstances under which the private transfer fee obligation expires, if any;(5)The purpose for which the funds from the private transfer fee obligation will be used;(6)The name of the person to which funds are to be paid and specific contact information regarding where the funds are to be sent;(7)The acknowledged signature of the payee; and(8)The legal description of the real property burdened by the private transfer fee obligation. Source: SL 2011, ch 196, §7.
SD Codified L § 43-4-53 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 04 - Transfer Of Property|Section 43-4-53 - Amendment to notice of transfer fee.

43-4-53. Amendment to notice of transfer fee.The person to whom the transfer fee is to be paid may file an amendment to the notice of transfer fee containing new contact information, but such amendment shall contain the recording information of the notice of transfer fee which it amends and the legal description of the property burdened by the private transfer fee obligation. Source: SL 2011, ch 196, §8.
SD Codified L § 43-4-54 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 04 - Transfer Of Property|Section 43-4-54 - Effect of failure to record notice of private transfer fee obligation.

43-4-54. Effect of failure to record notice of private transfer fee obligation.If the payee fails to comply fully with §43-4-52, the grantor of any real property burdened by the private transfer fee obligation may proceed with the conveyance of any interest in the real property to any grantee and in so doing is deemed to have acted in good faith and is not subject to any obligations under the private transfer fee obligation. In such event, the real property thereafter shall be conveyed free and clear of such transfer fee and private transfer fee obligation. Source: SL 2011, ch 196, §9.