Real Estate Law

Have real estate law questions? Ask a real estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

I filled out a Black Hills Association Sellers Property

I filled out a...

I filled out a Black Hills Association Sellers Property Condition Disclosure Statement. Where a leak was disclosed in 2013. Another leak Appeared in 2014 and was guaranteed to be fixed, but was not amended for that form. Can I be sued for that

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

South Dakota

Lawyer's Assistant: Has any paperwork been filed?

Yes

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

We have a stus hearing on the 29th of month. I had an attorney, but the judge told him he could not represent me unless he did more for me. I could not afford more

Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 1 hour by:
3/12/2018
Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 9,006
Experience: 30 years of experience in General Practice, Real Estate Law and Estate Law.
Verified

Welcome and thank you for your question. I will be the professional that will be assisting you. Are you saying that you did not disclose both leaks?

Ask Your Own Real Estate Law Question
Customer reply replied 5 months ago
The first leak was disclosed. The second leak was guaranteed by the contractor to be repaired and fixed to whoever would be living in the house. The guarantee was sent to the realtor and the purchaser, but was never amended on that form

Even if there was a warranty or guarantee the leak needed to be disclosed. Do you have a copy of the guarantee?

Ask Your Own Real Estate Law Question

Can you attach a copy? Was this provided to the purchaser?

Ask Your Own Real Estate Law Question

"According to South Dakota Stat. § 43-4-42, a seller who makes misrepresentations or omissions on a disclosure statement “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.” Not only that, but “In any court action pursuant to this section, the court may award costs and attorney fees to the prevailing party.” In plain English, this means that not only would you need to reimburse the buyer for the costs of remediation, but you could also end up paying your buyer’s attorney if your buyer successfully sues you! Legal fees can be significant, and serve as a warning and punishment to sellers who attempt to act in bad faith.

By the same token, the legislature has protected you from liability for any defect that you disclose. South Dakota Stat. § 43-4-40 states that: “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.” The legislators are serious about your truthfulness, though, and require sellers to “make each disclosure in good faith.” https://www.nolo.com/legal-encyclopedia/selling-south-dakota-home-what-are-my-disclosure-obligations.html

The listing agent would have the duty to disclose and update your disclosure statement. Can you prove the purchaser received a copy?

Ask Your Own Real Estate Law Question
Customer reply replied 5 months ago
I do not know how to send a copy to you. The buyer was provided with a hand written guarantee. We have a typed guarantee that was received from our realtor once this lawsuit was started

You can attach the document using the paper clip icon.

The leak needed to be disclosed. If the listing agent knew they had a duty to notify the purchaser as well have you modify the disclosure. If you can prove that the Purchaser had notice they would have a hard time prevailing in a lawsuit.

Ask Your Own Real Estate Law Question
Customer reply replied 5 months ago
We are not sure we can prove they got it or not. We left it for them. I guess my only question now is: Do you know any cases in reference to that law that you quoted above?

I provided the disclosure law above. South Dakota Stat. § 43-4-40

I can provide the listing agent's duties if that would help?

Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 9,006
Experience: 30 years of experience in General Practice, Real Estate Law and Estate Law.
Verified
Attyadvisor and 87 other Real Estate Law Specialists are ready to help you
Ask your own question now
Customer reply replied 5 months ago
That might help. Thanx for insight

"The legal basis for South Dakota's disclosure requirement is South Dakota Stat. § 43-4-37 et seq., which broadly covers disclosure statements. The law states: “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.” Moreover, if you (the seller) become aware of any other conditions requiring disclosure between when you give the buyer the statement and when you close on the transaction, you must make an amendment to the statement.

In some states, real estate agents and attorneys are left to their own devices to draft disclosure forms that fit the requirements of the legislation. In South Dakota, the legislature has done this work already, codifying the entire disclosure form in South Dakota Stat. § 43-4-44. (To state the obvious, this means that your disclosures to potential buyers cannot be oral; you must actually give the written disclosure form, as provided in this statute).

Keep in mind, the buyer can terminate the sale within three days of receipt of the disclosure statement or amendment, under South Dakota Stat. § 43-4-39. https://www.nolo.com/legal-encyclopedia/selling-south-dakota-home-what-are-my-disclosure-obligations.html

Ask Your Own Real Estate Law Question

"36-21A-132. Duties and obligations of licensee representing seller or landlord.

Any licensee representing a seller or landlord has the following duties and obligations:

(1) To perform the terms of the written agreement made with the client;

(2) To exercise reasonable skill and care for the client;

(3) To promote the interest of the client with the utmost good faith, loyalty, and fidelity, including:

(a) Seeking a price and terms which are acceptable to the client. However, the licensee is not obligated to seek additional offers to purchase the property while the property is subject to a contract for sale or to seek additional offers to lease the property while the property is subject to a lease or letter of intent to lease;

(b) Presenting all written offers to and from the client in a timely manner regardless of whether the property is subject to a contract for sale or lease or a letter of intent to lease;

(c) Disclosing to the client all adverse material facts actually known by the licensee; and

(d) Advising the client to obtain expert advice as to material matters about which the licensee knows but the specifics of which are beyond the expertise of the licensee;

(4) To account in a timely manner for all money and property received; and

(5) To comply with any applicable federal, state, and local laws, rules, regulations, and ordinances, including fair housing and civil rights statutes, or regulations." https://dlr.sd.gov/realestate/publications/license_law_book.pdf

Ask Your Own Real Estate Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a real estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Attyadvisor Your Own Question
Attyadvisor
Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 9,006
9,006 Satisfied Customers
Experience: 30 years of experience in General Practice, Real Estate Law and Estate Law.

Attyadvisor is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Barrister

Barrister

Lawyer

12,142 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

8,377 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

8,253 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,208 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,998 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

P. Simmons

P. Simmons

Lawyer

3,572 satisfied customers

12+ yrs. of experience including real estate law.

< Previous | Next >

Related Real Estate Law Questions
I closed on my house March 21st. It is a rehab home, so
I closed on my house March 21st. It is a rehab home, so gutted and redone. Since closing, I have had a few issues that are not so minor. Water leak from master bathroom into living room, causing drywa… read more
DamienJD
DamienJD
Attorney
Doctoral Degree
5,382 satisfied customers
I sold my home and now the person is coming after for a
I sold my home and now the person is coming after for a issue with the house … read more
Attyadvisor
Attyadvisor
Attorney
Doctoral Degree
9,006 satisfied customers
I bought a house January of this year. I recently had some
Hello, I bought a house January of this year. I recently had some plumbling issues with one of my bathrooms, had to have a plumber come out to try to fix it only to have him tell me that he couldn't c… read more
Attyadvisor
Attyadvisor
Attorney
Doctoral Degree
9,006 satisfied customers
We have a civil complaint against us and a realtor that was
We have a civil complaint against us and a realtor that was their realtor in a land sale in 2014. They claim an easement was never disclosed to them. I have a signed disclosure statement by her. Their… read more
Attyadvisor
Attyadvisor
Attorney
Doctoral Degree
9,006 satisfied customers
I purchased a seller financed home as is. I did not have
Hello, I purchased a seller financed home as is. I did not have anyone check it out and now I am regretting it. There is a visible broken pipe under the sink in the bathroom and a huge hole in the wal… read more
DamienJD
DamienJD
Attorney
Doctoral Degree
5,382 satisfied customers
8 years ago my husband and I purchased a lot that sits on the
8 years ago my husband and I purchased a lot that sits on the side of the hill. When purchasing this lot, we noticed that someone had made changes on our lot to direct any water run-off into a culvert… read more
Ray
Ray
Lawyer
Doctoral Degree
8,253 satisfied customers
Sold a house 2 years ago. Just got a summons from the buyer
Sold a house 2 years ago. Just got a summons from the buyer about an issue with a leaking basement window. The problem was disclosed as "Basement window leaked, fixed by cleaning gutters and installin… read more
Attyadvisor
Attyadvisor
Attorney
Doctoral Degree
9,006 satisfied customers
I purchased a townhouse 2 yrs ago this April 2013, I did have
I purchased a townhouse 2 yrs ago this April 2013, I did have an inspection, but my agent advised me to wait until he was done and would then review it with me. They all claimed it was a perfect home.… read more
Attyadvisor
Attyadvisor
Attorney
Doctoral Degree
9,006 satisfied customers
We just bought a house in Georgia. It appears that the seller
We just bought a house in Georgia. It appears that the seller was not honest in his disclosures in some major areas. What recourse do we have after the sale has gone through?… read more
Tina
Tina
Doctoral Degree
83 satisfied customers
We just purchased a house in Buckeye, AZ. It turns out that
We just purchased a house in Buckeye, AZ. It turns out that there were several things the seller did not disclose during the negotiation on the Real Estate Disclosure forms. One of them was a leak in … read more
Barrister
Barrister
Lawyer
Doctoral Degree
12,142 satisfied customers
I am about to put my home under contract, the buyer accepted
I am about to put my home under contract, the buyer accepted our counter offer My concerns are: 1. I had a leak in the roof for one day, the association repaired it the next day, no problem since. Wha… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
In selling my home the buyer had a pool inspection done in
In selling my home the buyer had a pool inspection done in which there was a leak detection advised. The buyers declined. There were several things on the repair addendum the buyers asked to be repair… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,939 satisfied customers
The Sellers disclosure statement states that the plumbing
The Seller's disclosure statement states that the plumbing is in working order. However, the faucet in the whirlpool tub did not work and therefore the tub could not be checked at the time of the insp… read more
Jack R.
Jack R.
Partner
Juris Doctor
6,136 satisfied customers
I bought a house almost 3 years ago, had it inspected, and
I bought a house almost 3 years ago, had it inspected, and within 6 months it became apparent I had old water problems in the basement, including black mold. I have spent literally thousands of dollar… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I bought a house. On inspection it was noted that there was
I bought a house. On inspection it was noted that there was evidence of a rook leak, and leaking. The seller repaired the work (hired someone). Not even two weeks after being in the house, it rained a… read more
KUMI95
KUMI95
Attorney
Doctoral Degree
17 satisfied customers
We bought a house, and had a home inspection 9 months ago.
We bought a house, and had a home inspection 9 months ago. Its really obvious that the basement has been leaking in prior years and has leaked again this year. Does the prior owner not have an obligat… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
My son has contracted to buy a home through a realestate company
My son has contracted to buy a home through a realestate company and when the Home Inspection was done it was outside of the 5 day binding date and the provisions within to terminate contract; however… read more
FLACORPLAWYER
FLACORPLAWYER
Doctoral Degree
1,750 satisfied customers
Is a seller obliged to disclose facts about the property
After the first rain when we moved in the septic tank filled and the options to fix it are very expensive. We did not know this problem when we bout the house… read more
nyrealtylawyer
nyrealtylawyer
Juris Doctorate

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x