LUCERO v. VAN WIE

No. 20787.

598 N.W.2d 893 (1999)

1999 SD 109

Marilyn Clark LUCERO, Plaintiff and Appellant, v. Lila VAN WIE, Defendant and Appellee.

Supreme Court of South Dakota.

Decided August 11, 1999.

Rehearing Denied September 9, 1999.


Attorney(s) appearing for the Case

Reed C. Richards of Richards and Richards, Deadwood, South Dakota, Attorneys for plaintiff and appellant.

Timothy J. Vander Heide of Bakewell, Vander Heide & Witt, Custer, South Dakota Attorneys for defendant and appellee.


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.

FACTS

[¶ 2.] Van Wie...

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