Lucero v. Van Wie

AMUNDSON, Justice.

[¶ 1.] Marilyn Clark Lucero (Lucero) appeals from the trial court’s order granting partial summary judgment1 in favor of Lila Van Wie (Van Wie). The trial court determined that the property disclosure provisions of SDCL 43-4-38 through SDCL 43-4-44 were waived by the parties freely negotiated contract which provided the property was to be purchased “as is.” We affirm.

PACTS

[¶ 2.] Van Wie lived in a rural area outside of Custer, South Dakota, on approximately 82 acres of property. Lucero and Van Wie were close personal friends. Lucero would frequently visit Van Wie at her…