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The South Dakota contract-to-close checklist
Every task from acceptance to recording — 46 of them, in order, each with the deadline rule it runs on. Built for the South Dakota Real Estate Commission Purchase Agreement - Residential (2021). Free, no email required.
State
South Dakota
32 states live — each one built on that state's own contract and deadline rules, not a renamed copy of this one.
Put your closing date in and get the real dates
Most checklists tell you "3 days before closing" and leave you to count. This one counts — business days, federal holidays, and the observed weekday when a holiday lands on a weekend.
Contract date
Closing date
46 tasks across 6 phases
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Send accepted Purchase Agreement to broker, title + lender
Distribute the accepted agreement and every addendum. Time is of the essence (¶21), and the deadlines below run from the date of acceptance written at the foot of page 5.
Buyer's agent
1 day after the contract date
Open file with the closing agent
South Dakota closes through a title company or closing agent; no attorney is required. Closing service fees are split however ¶14 says.
Title / escrow
2 business days after the contract date
Deliver earnest money to the broker's trust account
¶2: due on the NEXT LEGAL BANKING DAY after acceptance — the fastest earnest-money clock of any state we support. It goes into the listing or selling broker's trust account, not to an escrow company.
Buyer
On the earnest money due date
Confirm receipt of the Seller's Property Condition Disclosure
SDCL 43-4-38 requires it BEFORE the buyer makes a written offer, and ¶7 records the date the buyer received it. If it arrived after the offer instead, SDCL 43-4-39 gives the buyer 3 days to terminate if it was delivered in person, 6 days if it went in the mail. Check which — the delivery method changes the deadline.
Buyer's agent
3 days after the contract date
Deliver loan status letter to Seller
¶4: the letter of the purchaser's loan status is either attached to the offer or delivered by the date written into the blank. Missing it is a live cancellation risk on the cash side and a credibility problem on the financed side.
Buyer
3 days after the contract date
Deliver proof of funds to Seller
¶4 cash branch: the verification letter is attached or delivered by the stated date, and if it is not, the agreement "at the option of Seller without notice to Purchaser may be voided". No notice, no cure period — deliver it.
Buyer
3 days after the contract date
Confirm earnest money received
¶15: the broker holds it until the sale closes. If the deal dies, Purchaser and Seller must agree IN WRITING before it is released, or it takes a court order under SDCL 36-21A-81 — nobody can hand it back unilaterally, whatever the circumstances.
Buyer's agent
1 business day after the earnest money due date
Confirm lead-based paint disclosure + pamphlet delivered
¶8: applies only to homes built before 1978. Check the year built before treating it as optional.
Buyer's agent
5 days after the contract date
Make formal loan application
¶4: within the number of LEGAL BANKING DAYS written into the blank after acceptance — apply, pay the application fees and sign the financing documents without delay. Legal banking days are not calendar days; a long weekend moves this.
Buyer
5 business days after the contract date
Schedule inspections
¶9 lets the inspections cover physical, structural, mechanical, pest, geological and environmental contamination conditions. Book early — the whole window is counted in business days and it also has to contain the written notice of results.
Buyer's agent
4 business days before the inspection deadline
Order pest / wood-destroying insect inspection
Pest is one of the conditions ¶9 names, so it belongs inside the same business-day window as everything else.
Buyer's agent
3 business days before the inspection deadline
Order radon test
Not named on the form, but eastern South Dakota sits in EPA Zone 1 and Sioux Falls-area results run high. If it is going to happen it has to happen inside the ¶9 window.
Buyer's agent
3 business days before the inspection deadline
Complete inspections + reports
Inspector
2 business days before the inspection deadline
Decide on the survey option
¶11 makes the buyer initial one of four choices — new location survey, existing location survey, new boundary survey marking the corners before closing, or other — or initial a waiver. Who pays is a separate blank. A new boundary survey has to be ordered early enough to be done BEFORE closing.
Buyer's agent
2 business days before the inspection deadline
Deliver written notice of inspection results to Seller
STAGE 1 of three. ¶9: the inspections must be completed AND written notice of the results given to Seller or Seller's agent within the stated BUSINESS days of acceptance. If that does not happen in time, "Purchaser's option to have the inspection(s) shall expire and all other terms of this Purchase Agreement will continue unaffected" — the deal survives, the buyer's leverage does not.
Buyer's agent
On the inspection deadline
Negotiation period on the inspection results ends
STAGE 2. ¶9 gives three ways out: the buyer accepts the condition, the seller corrects it and provides an inspector's certification that it is remedied, or the parties negotiate a settlement. The clock runs the stated business days from the DATE AND TIME the seller was notified — note that it is a time, not just a date.
Buyer's agent
5 business days after the inspection deadline
Decide whether to void — HOURS after the negotiation deadline
STAGE 3, and the one people miss. If no written agreement is reached, the agreement may be deemed null and void at the buyer's option only within the number of HOURS written into ¶9 after the negotiation deadline. Not days. Diary the hour, not the date.
Buyer's agent
6 business days after the inspection deadline
Lender orders appraisal
¶5 asks whether the appraisal is ordered BEFORE the home-inspection contingency is released. Ordering early risks the appraisal fee on a deal that dies at inspection; ordering late compresses the loan timeline. Confirm which box was checked.
Lender
10 days after the contract date
Appraisal received — renegotiate if it comes in low
¶5 is weaker than most states' appraisal contingencies. If the value is under the purchase price the parties "may renegotiate" — there is no automatic termination right written into the form. If the appraisal calls for repairs, the parties negotiate who does them and who pays any re-inspection fee.
Appraiser
On the appraisal deadline
Confirm loan approval
The Commission form sets an application deadline but NOT a loan commitment date, so there is no printed financing deadline to fall back on. Work backwards from closing and hold the lender to it.
Lender
10 days before closing
Confirm clear to close from lender
Lender
3 business days before closing
Title commitment / prelim received
Title company issues the commitment / preliminary report.
Title / escrow
7 business days after the contract date
Request HOA documents + dues figures
Homeowner's association fees are one of the items ¶12 prorates, so the figures have to reach the closing agent in time.
Buyer's agent
10 days after the contract date
Receive + review title commitment
¶13: merchantable title conveyed by warranty deed, with an owner's policy in the amount of the purchase price. Who pays for the policy is a BLANK on this form — check it rather than assuming the seller pays, which is what most states do.
Title / escrow
14 days after the contract date
Title review complete (Schedule B exceptions cleared)
Review the commitment; clear or resolve Schedule B exceptions.
Title / escrow
12 business days after the contract date
Track the sale-of-buyer's-property contingency
¶6B: where the offer depends on the buyer selling their own home, the seller keeps marketing and may accept another offer. If they do, the seller gives written notice and the buyer then has the stated days to deliver a written waiver — with proof of funds — or the agreement terminates without further notice. Nothing prompts you; the notice starts the clock.
Buyer's agent
21 days before closing
Confirm the tax proration basis
¶12 offers four bases — previous year's taxes, an agreed amount, most current county information, or a new-construction estimate — and warns that taxes may or may not be based on owner-occupied status. Owner-occupied classification can move the figure materially, so confirm which basis was checked before closing figures go out.
Title / escrow
10 days before closing
Elect the home protection plan
¶10 needs initials both ways — whether the seller provided a plan, and whether the buyer elects to purchase one — plus an acknowledgement that the broker selling it receives compensation from the provider.
Buyer's agent
10 days before closing
Payoffs / HOA demand received
Loan payoff(s) and HOA demand/estoppel received by escrow.
Title / escrow
7 business days before closing
Bind homeowner's insurance
Seller keeps their existing coverage in force until closing (¶14), so the buyer's policy needs to attach at closing, not after.
Buyer
7 days before closing
CPL issued to lender
Closing Protection Letter issued to the lender.
Title / escrow
5 business days before closing
Confirm personal property bill of sale + fuel oil / propane
¶17: personal property transfers by a SEPARATE bill of sale, free of liens and without warranty of condition — it does not ride on the deed. The same paragraph asks whether the buyer compensates the seller for fuel oil or propane left in the tank on the closing date, which is a real number in a South Dakota winter.
Title / escrow
5 days before closing
Review Closing Disclosure (3-day rule)
Lender
3 business days before closing
Closing statement prepared & balanced
CD (financed) or ALTA settlement statement (cash) prepared and balanced.
Title / escrow
4 business days before closing
Clear to close received
Lender issues clear-to-close.
Lender
3 business days before closing
CD delivered (TRID 3-day clock started)
Closing Disclosure delivered to buyer — starts the TRID 3-business-day clock.
Title / escrow
3 business days before closing
Signing scheduled (notary / RON / in-office)
Closing appointment scheduled.
Title / escrow
2 business days before closing
Final walk-through
¶14 gives the buyer the opportunity for a personal inspection before closing, and requires the seller to keep the property in comparable condition and to remove all personal property and refuse beforehand.
Buyer's agent
1 day before closing
Closing — sign + fund
Possession is given at the time of closing (¶14) unless the parties wrote something else into ¶18.
Title / escrow
On closing
Funded (wire received & confirmed)
Funds wired and confirmed received by escrow.
Title / escrow
On closing
Confirm deed + Certificate of Real Estate Value recorded
South Dakota requires a Certificate of Real Estate Value (form PT 56) to accompany the deed at the Register of Deeds — it carries both parties' names and addresses, the legal description and the actual consideration. Recording is refused without it, except for the listed exemptions.
Title / escrow
1 business day after closing
Recorded (county confirmation)
Deed / mortgage recorded — county e-recording confirmation received.
Title / escrow
1 business day after closing
Deliver keys + possession
Buyer's agent
On closing
Send closing documents to buyer
Buyer's agent
2 days after closing
Disbursed / policy issued / file closed
Proceeds disbursed, title policy issued, escrow file closed.
Title / escrow
2 business days after closing
Request online review from buyer
Buyer's agent
3 days after closing
Is this right for South Dakota?
These are real statutory deadlines and they change. If something here is wrong or out of date, we'd genuinely rather hear it.
Not in South Dakota?
32 states are live — pick yours from the State list at the top of the page, or the links just above. Somewhere else? Tell us which state you work in and we'll email you when its checklist is up. No other email, and you can unsubscribe from the first one.
Your state
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Stop re-typing this on every file
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This checklist is a working aid, not legal advice, and deadlines on your file are governed by your contract. Check every date against the executed agreement.
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