Section 43-4-42 - Liability for failure to comply with disclosure statement requirements. - South Dakota Statutes

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.