43-4-43. Application of disclosure statement requirements.

200 words·~1 min read·/sd/title-43/chapter-43-4/43-4-43

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Sections 43-4-37 to 43-4-44 , inclusive, do not apply to the following transfers:

(1)Transfers pursuant to court order, including transfers ordered by probate court in the administration of an estate, transfers between spouses resulting from a judgment of dissolution of marriage or legal separation, transfer pursuant to a writ of execution, transfers by a trustee in bankruptcy, transfers by eminent domain, transfers by government agencies, and transfers resulting from a decree for specific performance;

(2)Transfers to a mortgagee by a mortgagor in default, transfers by any foreclosure sale after default in an obligation secured by a mortgage, transfers by a mortgagee or a beneficiary under a deed of trust who has acquired the real property by foreclosure or by a deed in lieu of foreclosure or transfers by a collateral assignment of beneficial interest;

(3)Transfers by a fiduciary in the course of the administration of a decedent's estate, guardianship, conservatorship, or trust;

(4)Transfers from one co - owner to one or more other co - owners;

(5)Transfers made to a spouse, a child, a parent, a sibling, a grandchild, or a grandparent;

(6)Transfers of newly constructed residential real property which has never been occupied.