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South Dakota Supreme Court Partially Overturns Ruling in Lawrence County Campground Case

The South Dakota Supreme Court has issued a ruling on a case involving the sale of Wild Bill’s Campground in Lawrence County, addressing the disclosure responsibilities of real estate agents under state law. 

The case revolves around Duane and Melody Remington, who purchased the property in 2017, and whether the real estate agent was required to disclose property defects.

In its decision, the court clarified that while South Dakota law mandates disclosure of damages to residential portions of a property, it does not impose the same requirement for commercial areas. 

According to a report by AOL, the distinction prompted the Supreme Court to overturn part of a lower court’s ruling and remand the case for further proceedings regarding the residential portions of the property.

The Remingtons bought the property for $899,000 through a contract for deed without conducting inspections or reviewing financial records. 

After the purchase, they reported significant issues, including water damage and mold in the main building, fire pits that violated county code, and a deck encroaching on a federal right-of-way. 

These problems led them to file multiple complaints against real estate agent Bryan Iverson and the property’s seller, Keith Grimm.

Justice Mark Salter, writing for the court, explained the basis for the decision: “The undisputed material facts establish that the Campground’s living quarters constituted a single dwelling unit.”

“The living quarters included bedrooms, bathrooms, a living room, and kitchen. The rest of the Campground, however, is much different; the other features and facilities are related to the Campground’s commercial purpose.”

The court determined that water intrusion and mold issues in the living quarters should have been disclosed under state law. 

However, for the commercial sections of the campground, the court upheld the lower court’s conclusion that disclosure was not required. 

Salter wrote, “The existence and extent of this statutory disclosure obligation was not clear until our decision here, and a remand is necessary to determine whether Iverson breached his duty to the Remingtons under the particular facts of this case.”

The case highlights the nuanced application of South Dakota’s disclosure laws to mixed-use properties, with implications for property transactions involving both residential and commercial components.

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Hi, you might find this article from Modern Campground interesting: South Dakota Supreme Court Partially Overturns Ruling in Lawrence County Campground Case! This is the link: https://moderncampground.com/usa/south-dakota/south-dakota-supreme-court-partially-overturns-ruling-in-lawrence-county-campground-case/