A transfer that is subject to §§ 43-4-37 to 43-4-44, inclusive, and section 2 of this Act is not invalidated solely because a person fails to comply with §§ 43-4-37 to 43-4-44, inclusive, and section 2 of this Act. However, a person who intentionally or who negligently violates §§ 43-4-37 to 43-4-44, inclusive, and section 2 of this Act is liable to the buyer for the amount of the actual damages and repairs suffered by the buyer as a result of the violation or failure. In any court action pursuant to this section, the court may award costs and attorney fees to the prevailing party. Nothing in this section precludes or restricts any other rights or remedies of the buyer or seller.
SDCL 43-4-42