Environmental
In South Dakota, disclosure of known hazardous materials on a property is required because:
AFederal law requires all environmental hazards to be disclosed regardless of knowledge
BThe seller has a duty to disclose known material defects affecting the property's value, which includes known environmental contamination✓ Correct
COnly licensed environmental consultants may make such disclosures
DSouth Dakota law requires separate environmental disclosure forms for all transactions
Explanation
Known environmental contamination is a material defect affecting a property's value and habitability. Under South Dakota's property disclosure requirements and general agency law, sellers must disclose known material defects, which includes known hazardous materials or contamination.
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