South Dakota process · buyer view
The South Dakota Home-Buying Process: Your Step-by-Step Checklist
Buying a home in South Dakota involves seven key phases — from getting pre-approved and finding a home to closing the deal.
Reading as buyer. Switch to seller
Phase 1 of 7 · typically 2-4 weeks
Pre-Offer
Lay the groundwork before you ever tour a home. Get your finances in order, understand your representation options, and sign a buyer agreement before you start touring.
Check your credit score and set a budget
YouBefore contacting any lenders
Pull your credit reports from all three bureaus (Equifax, Experian, TransUnion) for free at AnnualCreditReport.com. Fix any errors before applying for a loan. Add up your monthly take-home pay and expenses to figure out how much you can afford in a monthly payment — lenders typically want your total debt payments to stay under 43% of your gross income.
You'll need
- Recent pay stubs
- Bank statements (last 2 months)
- List of monthly debts
Cost: $0
Get pre-approved for a mortgage
LenderBefore you start touring homes
Contact two or three lenders — banks, credit unions, or mortgage companies — and apply for pre-approval. Pre-approval is different from pre-qualification: the lender actually verifies your income, assets, and credit. You'll receive a pre-approval letter stating the loan amount you qualify for, which sellers and their agents take seriously. Shop around because rates and fees vary.
You'll need
- W-2s (last 2 years)
- Pay stubs (last 30 days)
- Federal tax returns (last 2 years)
- Bank statements (last 2 months)
- Photo ID
Cost: $0
Choose a buyer's agent and sign a written buyer representation agreement
Your agentBefore your first home tour
Because of the NAR settlement changes effective August 17, 2024, any broker who belongs to a MLS-participating brokerage must have you sign a written buyer representation agreement before touring homes with you. The agreement must spell out exactly how your agent gets paid — either as a flat dollar amount or a percentage. Take time to read it carefully and ask questions. You can try to negotiate compensation terms. Under South Dakota law, your agent will disclose whether they are acting as your single agent (full fiduciary duty) or in another capacity before you sign.
You'll need
- Written buyer representation agreement
Cost: $0
Review the agency disclosure pamphlet
Your agentAt or before first substantive contact with your agent
South Dakota requires your agent to give you a written agency disclosure and an Agency Disclosure Pamphlet before providing brokerage services. The pamphlet explains three relationship types: single agent (your agent works only for you with full loyalty), limited agent (the same agent or brokerage represents both you and the seller — requires your written consent), and transaction broker (a neutral facilitator with no fiduciary duty to either side). Understanding the difference helps you make sure your interests are properly protected.
You'll need
- Agency Disclosure Pamphlet
- Consent to Represent form
Cost: $0
Define your home search criteria
YouBefore your first home tour
Work with your agent to write down your must-haves (number of bedrooms, school district, garage) and your nice-to-haves. South Dakota's climate matters here: if you're looking in western SD or the Black Hills, factor in heavy snow loads, blizzard exposure, and heating systems. Knowing your priorities upfront keeps your search focused and prevents you from falling in love with a home that doesn't fit your needs.
Cost: $0
Research flood zones and insurance requirements
YouDuring your home search, before making offers
Check the FEMA Flood Map Service Center to see whether any homes you're considering sit in a Special Flood Hazard Area (SFHA). If the property is in a SFHA flood zone, your lender will require you to carry flood insurance as a condition of your mortgage. Flood insurance adds to your monthly carrying costs and affects affordability. This is especially relevant for properties near the Missouri River and its tributaries in South Dakota.
Cost: $0
Phase 2 of 7 · typically 1-2 weeks
Offer
Find the right home and put together a competitive offer. Understand the purchase contract terms and your earnest money obligations before you sign anything.
Tour homes and pick your top choice
YouDuring your active home search
Visit homes in person whenever possible. Take notes and photos. Pay attention to the condition of the roof, foundation, and heating system — these are especially important in South Dakota where extreme winters put heavy demands on structures. Narrow down your choices and discuss your observations with your agent before deciding which home to pursue.
Cost: $0
Review and submit the purchase agreement
Your agentWhen you're ready to make an offer
South Dakota does not mandate a single state-approved purchase contract form. Your brokerage will use its approved form or the South Dakota Association of REALTORS form. Your agent will walk you through the key terms: purchase price, earnest money amount, inspection contingency period, financing contingency, closing date, and allocation of costs. Read every section. Ask your agent to explain anything you don't understand before you sign.
You'll need
- Pre-approval letter
- Signed buyer representation agreement
Cost: $0
Submit earnest money deposit
Escrow / titleWithin 1-3 business days of offer acceptance
When your offer is accepted, you'll deliver earnest money — a good-faith deposit that shows you're serious. In South Dakota, your agent or the responsible broker must deposit your earnest money into the brokerage trust account promptly, typically within one to three business days of receipt. The money is held until closing, when it applies toward your down payment or closing costs. If you back out for a reason not covered by a contingency, you may forfeit the deposit.
You'll need
- Cashier's check or wire transfer for earnest money
Cost: $1,000-5,000 typical (applied to purchase at closing)
Understand how your agent gets paid and negotiate if needed
Your agentWhen drafting your offer
After the NAR settlement, sellers can no longer advertise buyer-broker compensation through the MLS. Your buyer's agent compensation was spelled out in your buyer representation agreement. As part of your offer, you may ask the seller to provide a concession to help cover your agent's fee — this is negotiated in the purchase contract, not through MLS data fields. Your agent can advise you on whether to include this request given current market conditions.
You'll need
- Signed buyer representation agreement
Cost: varies
Phase 3 of 7 · typically 1-2 weeks
Under Contract
Once the seller accepts your offer, the clock starts on several key deadlines. Review disclosures carefully and keep your lender updated.
Review the Property Condition Disclosure Statement
Your agentBefore or within 3 business days of offer acceptance
South Dakota law under SDCL 43-4-37 through 43-4-44 requires the seller of a one-to-four unit residential property to deliver a completed SD Real Estate Condition Disclosure Statement before you accept an offer. If the seller delivers it after you've signed the purchase agreement, you have three business days after you receive it to back out — in writing — without penalty. The disclosure covers the foundation, roof, HVAC, plumbing, electrical, known mold or asbestos, well and septic status, and other material conditions. Read every item. Ask your agent about anything flagged.
You'll need
- SD Real Estate Condition Disclosure Statement
Cost: $0
Review lead-based paint disclosure for older homes
Seller's sideWithin 10 days of contract execution for pre-1978 homes
If you're buying a home built before January 1, 1978, federal law requires the seller to give you an EPA-approved lead disclosure form, share any existing lead paint reports, and provide the EPA pamphlet 'Protect Your Family From Lead in Your Home.' You have 10 days to conduct a lead-based paint inspection or risk assessment at your own expense before the contract becomes binding. You can waive this window, but it's usually not recommended for older homes.
You'll need
- EPA lead disclosure form
- Protect Your Family From Lead in Your Home pamphlet
Cost: $0 (inspection optional, ~$300-500 if you hire an inspector)
Review HOA or condo documents if applicable
Seller's sideAfter offer acceptance, before inspection contingency expires
If you're purchasing a condominium in South Dakota, the seller is required under SDCL 43-15A to provide a disclosure packet that includes the declaration and bylaws, current rules and regulations, the operating budget, the most recent financial statement, any pending assessments or litigation, and known defects in common elements. Review these documents carefully — HOA rules affect what you can do with the unit, and special assessments can cost thousands of dollars unexpectedly.
You'll need
- Condo declaration and bylaws
- HOA budget and financial statement
- Rules and regulations
- Pending assessment disclosure
Cost: $0
Order a title search and open escrow with a title company
Escrow / titleWithin days of going under contract
In South Dakota, closings are typically handled by a title insurance company. Your agent will help you select a title company to open escrow, conduct a title search, and issue a title commitment. The title search checks for any liens, judgments, unpaid taxes, or encumbrances on the property. Review the title commitment when you receive it and flag anything unexpected — like easements or deed restrictions — with your agent.
You'll need
- Signed purchase agreement
Cost: $200-500 typical for title search
Notify your lender and provide the purchase agreement
LenderWithin 1-2 days of offer acceptance
As soon as you're under contract, send your signed purchase agreement to your lender so they can start the formal loan application and order the appraisal. Your lender will issue a Loan Estimate within three business days of receiving your complete application. Review it carefully — it shows the interest rate, monthly payment, and all estimated closing costs. Compare it to any other lenders you spoke with.
You'll need
- Signed purchase agreement
- Updated pay stubs or bank statements if requested
Cost: $0 (appraisal fee billed separately)
Phase 4 of 7 · typically 1-2 weeks
Inspection
Hire a licensed home inspector to evaluate the property's condition before you commit fully. Use the findings to negotiate repairs or credits.
Hire a qualified home inspector
InspectorWithin the inspection contingency window in your purchase contract
A home inspection is one of the most important steps you'll take as a buyer. Hire an experienced inspector independently — not one suggested only by the seller's agent. In South Dakota, look for inspectors who are familiar with local climate issues: roof snow-load damage, ice dams, frozen pipe history, and heating system performance are all relevant given South Dakota winters, especially in the Black Hills and western plains regions. Attend the inspection in person so you can ask questions as the inspector works.
Cost: $350-600 typical
Review the inspection report and prioritize concerns
YouWithin 24-48 hours after the inspection
Your inspector will provide a written report, usually within 24 hours. It will list every issue found, from minor maintenance items to major defects. Work with your agent to sort them into three buckets: safety hazards or structural problems (ask for repair or price reduction), significant systems issues (negotiate), and routine maintenance items (plan to handle yourself after purchase). Don't panic at a long list — older homes especially will have many items.
You'll need
- Home inspection report
Cost: $0
Negotiate repairs or a price reduction based on inspection findings
Your agentBefore the inspection contingency deadline in your contract
If the inspection reveals significant issues, you have options. You can ask the seller to make specific repairs before closing, request a price reduction so you handle repairs yourself, or ask for a closing cost credit. The seller does not have to agree to anything, but material defects discovered during inspection give you negotiating leverage. Your agent will draft an addendum or amendment to the purchase contract reflecting any agreed changes.
You'll need
- Inspection report
- Repair estimates from contractors if needed
Cost: $0
Consider specialty inspections for radon, well, and septic
InspectorScheduled alongside or shortly after the general home inspection
Standard home inspections don't typically cover everything. In South Dakota, consider adding a radon test (South Dakota has elevated radon levels in many areas), a well water quality test for rural properties, and a septic system inspection for homes not on public sewer. If the property is older and you have concerns about mold or methamphetamine contamination — which is a required disclosure under South Dakota law — ask your agent about adding those tests.
Cost: $150-400 per specialty inspection
Phase 5 of 7 · typically 2-4 weeks
Loan & Appraisal
Your lender orders an appraisal to confirm the home's value supports the loan amount. Stay in close contact and provide any documents your lender requests quickly.
Complete your formal loan application
LenderWithin days of going under contract
Your lender will ask you to complete a full Uniform Residential Loan Application (Form 1003). Be thorough and accurate — any discrepancies between what you report and what the lender verifies can delay or kill your approval. You'll also choose your loan type (conventional, FHA, VA, USDA) and lock in your interest rate. Ask your lender to explain all costs before you lock.
You'll need
- W-2s (last 2 years)
- Tax returns (last 2 years)
- Pay stubs (last 30 days)
- Bank statements (last 2 months)
- Signed purchase agreement
Cost: $0 (application fee varies by lender)
Pay for the home appraisal
LenderShortly after your loan application is submitted
Your lender will order an independent appraisal to confirm the home's market value supports the loan amount you're borrowing. You typically pay for the appraisal upfront or it is rolled into closing costs. The appraiser is selected by the lender — you don't choose them. If the appraisal comes in below your offer price, you'll need to negotiate with the seller, make up the difference in cash, or walk away if your contract has an appraisal contingency.
Cost: $450-700 typical
Respond quickly to underwriter document requests
YouDuring the underwriting period, usually 1-3 weeks after application
After your application goes to underwriting, the lender's underwriter may ask for additional documents — called conditions. These could include letters explaining a gap in employment, documentation of a large deposit in your bank account, or updated financial statements. Respond as fast as possible. Delays in sending requested documents are one of the most common reasons closings get pushed back.
You'll need
- Any documents requested by underwriter
Cost: $0
Compare your Loan Estimate to the Closing Disclosure
LenderAt least 3 business days before closing
Your lender is required to give you a Closing Disclosure at least three business days before your closing date. Compare it side-by-side with the Loan Estimate you received earlier. Certain fees (like the lender's origination charge) cannot increase at all. Others (like title services you chose) can change. Flag any surprise increases to your lender immediately. The three-day waiting period gives you time to review before you're sitting at the closing table.
You'll need
- Loan Estimate
- Closing Disclosure
Cost: $0
Shop for and purchase homeowners insurance
You2-3 weeks before your anticipated closing date
Your lender will require proof of homeowners insurance before funding your loan. Start shopping at least two weeks before closing. Get quotes from multiple insurers. In South Dakota, ask about coverage for wind and hail damage — the state's severe weather can make these coverage levels matter. Make sure your policy is set to begin on the closing date. Provide your lender with the insurance binder or declarations page as soon as you have it.
You'll need
- Homeowners insurance binder or declarations page
Cost: $1,000-2,500 per year typical for SD (varies by property and coverage)
Phase 6 of 7 · typically 3-7 days
Pre-Closing
In the final stretch, confirm all your closing figures, do a walkthrough, and arrange your funds so you're ready to sign on closing day.
Receive your Clear to Close (CTC) from the lender
Lender1-3 days before closing
Clear to Close means your lender's underwriter has approved all conditions and your loan is ready to fund. You'll usually get this notification one to three days before your closing date. Once you have CTC, coordinate with your agent and the title company to confirm your exact closing time and location. Don't make any major financial changes — new credit accounts, large purchases, or job changes — after receiving CTC because they can cause your approval to be pulled.
Cost: $0
Conduct the final walkthrough
You24-48 hours before closing
Schedule a final walkthrough of the property — typically within 24 hours before closing. The goal is to confirm the home is in the same condition as when you made your offer, that any agreed repairs were completed, and that the seller hasn't removed fixtures or appliances included in the sale. Bring your purchase contract and inspection report with you so you can check items off. If something looks wrong, contact your agent immediately before you get to the closing table.
You'll need
- Purchase agreement
- Inspection repair addendum if applicable
Cost: $0
Wire your closing funds to the title company
You1-2 business days before closing
Review your Closing Disclosure to know exactly how much you need to bring to closing. Wire funds — or bring a cashier's check — to the title company's escrow account before closing day. Personal checks are almost never accepted. Be very cautious about wire fraud: call the title company at a verified phone number (not one from a recent email) to confirm wiring instructions before sending. Wire fraud is common in real estate closings.
You'll need
- Closing Disclosure
- Title company wire instructions (verified by phone)
Cost: Down payment + closing costs per Closing Disclosure
Confirm owner's title insurance is included
Escrow / titleBefore closing day
In South Dakota, lender's title insurance is required by your mortgage lender and protects them if a title problem surfaces after closing. Owner's title insurance protects you — the buyer — and is optional but strongly recommended. It's a one-time premium paid at closing and covers you for as long as you own the property. Ask your title company to include it on the settlement statement and confirm coverage before closing day.
You'll need
- Title commitment from title company
Cost: $500-1,500 typical (one-time premium, varies by sale price)
Phase 7 of 7 · typically 1 day
Closing
Closing day is when you sign the final documents, pay closing costs, and receive the keys. South Dakota uses title-company closings, and the transfer fee is charged to the seller — but confirm your cost allocation in the purchase contract.
Attend closing and sign all loan and title documents
Escrow / titleOn your scheduled closing date
Closing takes place at the title company's office. You'll sign a large stack of documents including the promissory note (your promise to repay the loan), the deed of trust or mortgage, the Closing Disclosure, and the title transfer paperwork. The title company will coordinate the signing and explain each document before you sign. Bring a valid government-issued photo ID. Budget one to two hours for the appointment.
You'll need
- Government-issued photo ID
- Any documents requested by lender or title company
Cost: $0 (closing costs already wired or brought as cashier's check)
Understand the South Dakota real estate transfer fee
Escrow / titlePaid at closing
South Dakota charges a real property transfer fee under SDCL 43-4-21 at $0.50 per $500 of the sale price — that works out to $1.00 per $1,000, or 0.10%. On a $300,000 home, the transfer fee is $300. By convention this fee is shown as a seller expense on the Closing Disclosure, but the purchase contract controls who actually pays it — verify your contract language. Your title company handles collection and payment to the county at closing.
Cost: $0.50 per $500 of sale price (e.g., $300 on a $300,000 home)
Confirm the deed is recorded
Escrow / titleSame day as closing or the next business day
After all documents are signed and funds are disbursed, the title company will send the deed and mortgage to the county register of deeds for recording. Recording is what officially makes you the legal owner of the property in public records. Your title company will confirm recording, and you'll receive a copy of the recorded deed in the mail — typically within a few weeks. Keep it in a safe place along with your other closing documents.
Cost: $30-60 typical recording fees
Receive your keys and take possession
YouAt or after deed recording on closing day
Once the deed is recorded and funds are disbursed to the seller, you receive the keys and take possession of your new home. The exact timing of key transfer is set by your purchase contract — typically upon closing and recording. Coordinate your moving truck or helpers accordingly. Change the locks on day one as a basic security step, since you don't know how many copies of the old keys exist.
Cost: $50-200 to rekey locks
Save all closing documents in a secure location
YouImmediately after closing
Collect and keep all documents from closing, including the Closing Disclosure, deed, title insurance policy, loan documents, and any warranties for appliances or systems. Store digital copies in a secure cloud folder and paper copies in a fireproof location. These documents are critical for future tax filings, refinancing, and eventual resale. You'll need your Closing Disclosure to calculate your cost basis when you sell.
You'll need
- Closing Disclosure
- Recorded deed
- Title insurance policy
- Loan documents
Cost: $0
Sources
- [1] South Dakota Codified Laws — SDCL 36-21A-59; 36-21A-72
- [2] South Dakota Real Estate Commission — Advertising Guidance
- [3] NAR Settlement FAQs — Practice Changes
- [4] South Dakota Real Estate Commission — Agency Relationships
- [5] NAR Settlement FAQs — MLS Practice Changes
- [6] South Dakota Real Estate Commission — Compensation and Brokerage Rules
- [7] South Dakota Codified Laws — SDCL 36-21A-83; 43-32
- [8] South Dakota Real Estate Commission — Property Management
- [9] South Dakota Codified Laws — SDCL 36-21A-59; 36-21A-79
- [10] South Dakota Real Estate Commission — Advertising and Compensation Rules
- [11] South Dakota Codified Laws — SDCL 36-21A-71; 43-4-37
- [12] South Dakota Real Estate Commission — Land Transaction Guidance
- [13] South Dakota Codified Laws — SDCL 43-4-37; 36-21A-71
- [14] South Dakota Real Estate Commission — Material Fact Disclosure
- [15] IRS FIRPTA Withholding — Real Property Transactions
- [16] South Dakota Real Estate Commission — Federal Compliance Requirements
- [17] FEMA Flood Map Service Center
- [18] South Dakota Codified Laws — SDCL 36-21A-71; 43-4-37
- [19] South Dakota Codified Laws — SDCL 43-15A
- [20] South Dakota Real Estate Commission — Transaction Disclosures
- [21] South Dakota Codified Laws — SDCL 22-24B
- [22] South Dakota Real Estate Commission — Disclosure Guidance
- [23] South Dakota Codified Laws — SDCL 22-42A
- [24] South Dakota Real Estate Commission — Material Fact Disclosure
- [25] South Dakota Codified Laws — SDCL 43-4-37; 36-21A-71
- [26] South Dakota Real Estate Commission — Material Fact Disclosure
- [27] South Dakota Codified Laws — SDCL Title 46; 43-4-37
- [28] South Dakota Real Estate Commission — Disclosure Requirements
- [29] South Dakota Codified Laws — SDCL 36-21A
- [30] South Dakota Real Estate Commission — Limited Agency Consent
- [31] South Dakota Codified Laws — SDCL 43-4-37 through 43-4-44
- [32] South Dakota Real Estate Commission — Property Disclosure Forms
- [33] South Dakota Real Estate Commission — Agency Disclosure Forms
- [34] South Dakota Administrative Rules — Chapter 20:69
- [35] South Dakota Codified Laws — SDCL 36-21A
- [36] South Dakota Real Estate Commission — Agency Disclosure Requirements
- [37] South Dakota Real Estate Commission — Continuing Education
- [38] South Dakota Administrative Rules — Chapter 20:69
- [39] South Dakota Codified Laws — SDCL 20-13
- [40] HUD Fair Housing Act Overview
- [41] EPA Lead-Based Paint Disclosure for Real Estate
- [42] South Dakota Real Estate Commission — Federal Disclosure Requirements
- [43] South Dakota Codified Laws — SDCL 36-21A-25; 36-21A-56
- [44] South Dakota Real Estate Commission — Licensing
- [45] South Dakota Real Estate Commission — Official Homepage
- [46] South Dakota Codified Laws — Title 36, Chapter 21A
- [47] South Dakota Real Estate Commission — Post-License Education Requirements
- [48] South Dakota Administrative Rules — Chapter 20:69
- [49] South Dakota Codified Laws — SDCL 36-21A; 43-4-37
- [50] South Dakota Real Estate Commission — Contracts and Disclosures
- [51] South Dakota Codified Laws — SDCL 36-21A-110
- [52] South Dakota Real Estate Commission — Recovery Fund
- [53] South Dakota Codified Laws — SDCL 36-21A-56; 36-21A-59
- [54] South Dakota Real Estate Commission — Supervision and Trust Accounts
- [55] South Dakota Codified Laws — SDCL Title 43
- [56] South Dakota Real Estate Commission — Closing Process Guidance
- [57] South Dakota Codified Laws — SDCL 43-4-21
- [58] South Dakota Real Estate Commission — Closing and Transfer Fees
- [59] South Dakota Codified Laws — SDCL 36-21A-72
- [60] South Dakota Real Estate Commission — Trust Account Rules
Last updated May 15, 2026