Contracts

In South Dakota, a purchase agreement that includes a 'survival clause' means that specified representations:

ATerminate at closing and cannot be enforced thereafter
BSurvive the closing and remain enforceable after the deed is transferred✓ Correct
COnly apply if both parties agree at closing
DAre extended to all heirs of the buyer

Explanation

A survival clause prevents specified representations (especially seller warranties about property condition) from being extinguished by the doctrine of merger at closing, allowing them to be enforced after the transaction closes.

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