How should a property be treated if it has a history involving an illness?

Under South Dakota law, when it comes to the sale of a property that has a history of illness, the correct treatment is to require disclosure in all cases. This is grounded in the principle that potential buyers have a right to be informed about any factors that could materially affect their decision to purchase a property. If a property has a documented history of an illness, even if it does not pose a direct health risk to the potential buyers, the knowledge could influence their perception of the property's value, desirability, or their own health concerns.

This requirement supports transparency in real estate transactions and fosters trust between all parties involved. Full disclosure protects both buyers and sellers, as it ensures that buyers have the information they need to make informed choices while providing sellers with an avenue to mitigate potential legal disputes regarding their failure to disclose relevant property history. Thus, the stance of mandatory disclosure reflects best practices in real estate ethics and law, ensuring that all material facts are shared with prospective buyers.