What are the disclosure responsibilities of an agent regarding a property previously associated with a highly publicized murder?

In South Dakota, as in many states, agents have specific disclosure responsibilities that can differ from the general expectations in real estate practice. The correct view is that the disclosure responsibilities of an agent regarding properties with a controversial history, such as a highly publicized murder, are indeed influenced by state law, which can provide certain protections.

In South Dakota, license law does relieve agents from liability for nondisclosure of certain past events, such as stigmatized properties like those associated with violent crimes if these are not directly affecting the physical condition of the home. This means that an agent is not legally obligated to disclose such information in many cases, as it falls outside the boundaries of required material facts affecting safety or habitability. As a result, if an event does not affect the physical condition or present material hazards of the property, the agent is not required to disclose it and thus avoids potential liability associated with nondisclosure.

While disclosure expectations can vary by state and by specific circumstances surrounding a property, understanding South Dakota's stance on past stigmatized occurrences helps to clarify agents' responsibilities and protections in these situations.