(A) Except as provided by division (B) below, any person building or selling a previously unoccupied new residential building which is a single-family or multifamily unit of four units or less shall disclose to the buyer or prospective buyer information regarding the energy efficiency of the residential building. The completed disclosure form shall be provided prior to the signing of the contract to purchase and prior to closing if changes have occurred or are requested, and at any other time upon request. For new residential buildings that are completed and suitable for occupancy but unsold, the completed disclosure form shall be made available to the buyer or prospective buyer by the builder or seller when the residence is shown and at any other time upon request. The disclosure shall be made on a form prepared and disseminated by the South Dakota Real Estate Commission.
(SDCL § 11-10-8)
(B) If the new residential building is subject to both the National Manufactured Housing Construction and the Safety Standards Act pursuant to the U.S.C. Title 42 § 5403 and the Federal Trade Commission regulation on labeling and advertising of home insulation pursuant to 16 C..F.R. § 460.16, both as in effect on January 1, 2009, the builder or seller may disclose, instead of the information required by division (A) above, the information regarding the new residential building that is required to be disclosed pursuant to the federal act and regulation.
(SDCL § 11-10-9)
Statutory reference:
Disclosure statement, see SDCL § 11-10-10