Contracts

In South Dakota, which of the following BEST describes 'substantial performance' in a real estate contract?

AWhen a party has performed all obligations perfectly
BWhen a party has performed all material obligations with only minor deviations✓ Correct
CWhen a party has performed at least 50% of their obligations
DWhen both parties agree the performance was sufficient

Explanation

Substantial performance means the party has fulfilled all material terms with only minor deviations that can be compensated by damages. It may prevent the other party from treating the contract as breached.

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