SOUTH DAKOTA RESIDENTIAL PURCHASE AGREEMENT

This South Dakota Residential Purchase Agreement (the "Agreement") is made and entered into as of [[Agreement Date]] by and between:

Seller: [[Seller Full Legal Name(s)]] ("Seller"), whose address for notices is [[Seller Notice Address]]

Buyer: [[Buyer Full Legal Name(s)]] ("Buyer"), whose address for notices is [[Buyer Notice Address]]

Seller agrees to sell and convey to Buyer, and Buyer agrees to purchase from Seller, the real property described below upon the terms and conditions set forth in this Agreement.

1. Property The real property subject to this Agreement is located in the State of South Dakota at:

[[Full Property Street Address, City, South Dakota, ZIP Code]]

Legal description: [[Full Legal Description of Property including Lot, Block, Subdivision, County]]

Assessor's parcel number: [[Assessor's Parcel or Tax ID Number]]

The Property includes the land, all buildings, improvements, fixtures, and appurtenances. Included personal property: [[List of Included Personal Property, Appliances, and Fixtures or "None beyond standard fixtures"]].

Excluded personal property: [[List of Excluded Items or "None"]].

The Property is being sold in its present physical condition, subject to the Seller's Property Condition Disclosure Statement required under South Dakota law and any inspections and contingencies in this Agreement.

2. Purchase Price The total purchase price for the Property is [[Purchase Price in USD e.g. $275000]] (the "Purchase Price").

The Purchase Price shall be paid as follows:

1. Earnest money deposit as provided in Section 3.

2. Additional cash at closing or proceeds from a new loan as provided in Section 4.

3. Balance due at Closing in immediately available funds.

3. Earnest Money Deposit Buyer shall deposit earnest money in the amount of [[Earnest Money Deposit Amount e.g. $3000]] with [[Escrow Agent or Title Company Name and Address]] (the "Escrow Holder") within [[Days to Deposit Earnest Money e.g. 3]] business days after the date of Acceptance of this Agreement.

All earnest money shall be held in a trust or escrow account as required by South Dakota law and the rules of the South Dakota Real Estate Commission. The earnest money shall be applied to the Purchase Price at Closing or otherwise disbursed only in accordance with the terms of this Agreement or mutual written instructions of the parties.

If this Agreement is terminated in accordance with its terms, the earnest money shall be returned to Buyer or disbursed as otherwise agreed or required.

4. Financing Contingency This Agreement is contingent upon Buyer obtaining a firm commitment for a purchase money loan in the amount of [[Loan Amount or Percentage of Purchase Price e.g. $220000 or 80%]] on terms acceptable to Buyer within [[Financing Contingency Period e.g. 21]] days after Acceptance (the "Financing Contingency Period").

Buyer shall make good faith efforts to obtain financing. If Buyer is unable to obtain financing despite such efforts, Buyer may terminate this Agreement by written notice to Seller within the Financing Contingency Period and receive a full refund of the earnest money deposit.

If Buyer does not timely deliver written notice of termination, this financing contingency shall be deemed removed.

5. Appraisal Contingency This Agreement is contingent upon the Property appraising at or above the Purchase Price by an appraiser acceptable to Buyer's lender. Buyer shall order the appraisal promptly after Acceptance.

If the appraised value is less than the Purchase Price, Buyer may:

1. Renegotiate the Purchase Price with Seller;

2. Pay the difference in cash; or

3. Terminate this Agreement by written notice delivered within [[Appraisal Contingency Period e.g. 5]] days after receipt of the appraisal.

If Buyer does not timely terminate, this contingency is removed.

6. Inspection and Due Diligence Contingency Buyer shall have the right to conduct any inspections, tests, surveys, and investigations of the Property that Buyer deems appropriate, including but not limited to general home inspection, pest/termite inspection, roof, plumbing, electrical, HVAC, foundation, radon, water quality, sewer scope, and environmental assessments.

Buyer shall complete all inspections and deliver written notice to Seller either:

• Approving the Property and removing the inspection contingency; or

• Terminating this Agreement; or

• Requesting repairs or credits.

Such notice must be delivered within [[Inspection Period e.g. 10]] days after Acceptance (the "Inspection Period").

Seller shall provide Buyer and Buyer's inspectors reasonable access to the Property during the Inspection Period during normal business hours upon reasonable notice. Buyer shall restore the Property to its prior condition after inspections.

7. Title and Marketable Title Seller shall, within [[Title Report Delivery Days e.g. 5]] days after Acceptance, deliver to Buyer a current preliminary title report or commitment for an owner's policy of title insurance in the amount of the Purchase Price issued by a title company acceptable to Buyer.

Buyer shall have [[Title Objection Period e.g. 5]] days after receipt of the title report to object in writing to any title matters. Seller shall have a reasonable time, not to exceed [[Seller Cure Period e.g. 10]] days, to cure any valid objections or provide title insurance over them.

Seller shall convey marketable title to the Property by warranty deed (or special warranty deed if customary) free and clear of all liens, encumbrances, and defects except:

• Current real property taxes not yet due and payable.

• Easements, restrictions, and other matters of record that do not materially interfere with the current use of the Property.

• Any other matters approved by Buyer in writing.

8. Escrow and Closing Escrow shall be opened with the Escrow Holder identified above. This Agreement, together with any standard instructions of the Escrow Holder, shall constitute the escrow instructions.

Closing shall occur on or before [[Closing Date]] ("Closing"), or such earlier or later date as the parties may agree in writing.

At Closing, Seller shall deliver the deed and all other documents required to transfer title, and Buyer shall deliver the balance of the Purchase Price and execute all required loan and closing documents.

South Dakota does not require attorney involvement at closing. The parties may close through a title company or escrow agent using standard procedures.

9. Possession Possession of the Property shall be delivered to Buyer on [[Possession Date]] at [[Possession Time e.g. 5:00 PM]] or upon recording of the deed, whichever occurs later.

Seller shall deliver the Property vacant, broom clean, free of all personal property not included, and in the same condition as on the date of Acceptance, reasonable wear and tear and damage by casualty excepted, with all debris and Seller's trash removed.

Seller shall provide Buyer with all keys, access devices, garage door openers, and codes at Closing or possession.

10. Prorations and Adjustments The following items shall be prorated as of the date of Closing on a 30-day month / 360-day year basis unless otherwise required by local custom or law:

• Real property taxes and assessments.

• Rents, if any.

• Interest on any assumed loans.

• HOA dues, if applicable.

• Utilities and other operating expenses as agreed.

Security deposits held by Seller for tenants, if any, shall be transferred to Buyer at Closing.

11. Seller's Property Condition Disclosure Pursuant to SDCL § 43-4-44, Seller shall complete and deliver to Buyer the South Dakota Seller's Property Condition Disclosure Statement (or substantially equivalent form approved by the South Dakota Real Estate Commission) within [[Disclosure Delivery Days e.g. 3]] days after Acceptance.

The disclosure is mandatory for most residential real property sales. Buyer acknowledges that the disclosure is not a warranty and that Buyer is relying on Buyer's own inspections in addition to the disclosure.

Seller represents that the disclosure will be completed honestly and in good faith based on Seller's actual knowledge.

12. Additional Disclosures Seller shall deliver the following additional disclosures and information to Buyer, if applicable:

• Lead-based paint disclosure and EPA pamphlet if the dwelling was built before 1978 (federal requirement).

• Any known material facts affecting the value or desirability of the Property that are not otherwise disclosed.

• Radon disclosure or test results if available or required locally.

• Flood zone or flood insurance information.

• Any HOA documents, rules, financials, and assessments if the Property is in a planned community or subject to an association.

• Any other disclosures required by South Dakota law or local ordinance.

13. Default and Remedies If Buyer defaults after removal of contingencies, Seller may retain the earnest money as liquidated damages or pursue other remedies available at law or in equity.

If Seller defaults, Buyer may terminate and recover the earnest money plus actual damages, or seek specific performance.

The parties agree that the earnest money amount is a reasonable estimate of the damages that would be difficult to ascertain.

14. Liquidated Damages If this liquidated damages provision is initialed by both parties below, and Buyer defaults, Seller shall be entitled to retain the earnest money deposit as liquidated damages and not as a penalty. Buyer initials: [[Buyer Initials]] Seller initials: [[Seller Initials]]

15. Mediation The parties agree to attempt in good faith to resolve any dispute arising out of this Agreement through mediation before filing suit. Mediation shall be conducted by a mutually acceptable mediator in [[Mediation Location e.g. the county where Property is located]]. Each party shall bear its own costs of mediation unless otherwise agreed.

16. Governing Law and Venue This Agreement shall be governed by and construed in accordance with the laws of the State of South Dakota. Any legal action arising out of this Agreement shall be brought in the state or federal courts located in the county where the Property is situated.

17. Notices All notices, requests, demands, and other communications under this Agreement shall be in writing and shall be deemed delivered when personally delivered, sent by overnight courier with confirmation, or sent by email with read receipt or confirmation of delivery to the addresses set forth above or to such other address as a party may designate by written notice.

18. Time of Essence Time is of the essence with respect to all dates and time periods in this Agreement. Any time period ending on a weekend or South Dakota legal holiday shall be extended to the next business day.

19. Entire Agreement; Amendments This Agreement, including all exhibits and addenda attached hereto, constitutes the entire agreement between the parties and supersedes all prior negotiations, representations, and agreements. No modification of this Agreement shall be valid unless in writing and signed by both parties.

20. Severability If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall continue in full force and effect.

21. Counterparts; Electronic Signatures This Agreement may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. Electronic signatures shall be deemed valid and binding.

22. Assignment Buyer may not assign this Agreement or any interest herein without the prior written consent of Seller.

23. Exhibits and Addenda The following exhibits and addenda are attached to and incorporated in this Agreement by reference:

• Exhibit A: Seller's Property Condition Disclosure Statement (SDCL § 43-4-44)

• Exhibit B: Lead-Based Paint Disclosure (if pre-1978)

• Exhibit C: Additional Terms or Addenda: [[Additional Addenda Description or "None"]]

• Other: [[Other Exhibits]]

24. Brokerage Seller and Buyer acknowledge the brokerage relationships disclosed in the agency disclosure forms provided separately. The listing broker is [[Listing Broker/Agent Name and Firm]] and the buyer's broker is [[Buyer's Broker/Agent Name and Firm]].

25. Additional Terms The following additional terms and conditions are agreed by the parties:

[[Additional Terms and Conditions or Special Provisions]]

26. Signatures

SELLER

Signature: _______________________________ Date: [[Seller Signature Date]]

Printed Name: [[Seller Full Legal Name(s)]]

BUYER

Signature: _______________________________ Date: [[Buyer Signature Date]]

Printed Name: [[Buyer Full Legal Name(s)]]

27. Acknowledgment of Receipt Each party acknowledges receipt of a fully signed copy of this Agreement and all referenced disclosures and exhibits., -

*This is a template example based on standard South Dakota real estate practices and SD REALTORS® Association forms. It incorporates requirements under SDCL Title 43, including mandatory property condition disclosure under SDCL § 43-4-44. Earnest money is to be held in trust or escrow. South Dakota does not require attorney review or presence at closing. Contingency periods and other terms are negotiable. This document is not a substitute for legal advice. Parties should consult a licensed South Dakota real estate attorney or their broker for review specific to the transaction and current law. Provisions current as of 2026-06. All [[Token Name]] fields must be completed with actual information before execution.*, -

Buyer Initials: _______ **Seller Initials:** _______ (for liquidated damages if used)