South Dakota 21A — Real Estate Licensing
- 36-21A-1 — Definition of terms.
- 36-21A-2 — "Advertising" defined.
- 36-21A-3 — "Appraisal" defined.
- 36-21A-4 — "Appraiser" defined.
- 36-21A-5 — "Association" defined.
- 36-21A-6 — "Real estate broker" and "broker" defined.
- 36-21A-7 — "Moral turpitude" defined.
- 36-21A-8 — Repealed.
- 36-21A-9 — "Inactive licensee" defined.
- 36-21A-10 — "Property manager" defined.
- 36-21A-11 — "Real estate" and "realty" defined.
- 36-21A-12 — "Real estate salesperson" defined.
- 36-21A-12.1 — "Residential rental agent" defined--Promulgation of rules for licensingrequirements.
- 36-21A-13 — Real estate commission created--Composition.
- 36-21A-14 — Terms of commission members--Vacancies.
- 36-21A-15 — Quorum of commission.
- 36-21A-16 — Commission continued within Department of Revenue and Regulation--Records and reports.
- 36-21A-17 — Seal of commission.
- 36-21A-18 — Employment of executive director--Bonds--Duties.
- 36-21A-19 — Salary of executive director--Employment of other personnel--Expenditures.
- 36-21A-20 — Office of executive director--Records and property maintained.
- 36-21A-21 — Meetings of commission.
- 36-21A-22 — Filing or notice to the commission--Date of filing or notice.
- 36-21A-23 — Compensation and expenses of commission members.
- 36-21A-24 — Real estate courses and institutes conducted by commission.
- 36-21A-25 — Assistance provided to libraries, licensees, institutes and foundations.
- 36-21A-26 — Publication of list of licensees--Other information included.
- 36-21A-27 — Person acting as broker deemed to be broker within meaning of this chapter.
- 36-21A-28 — Acting as a licensee without license as a misdemeanor.
- 36-21A-29 — Persons and entities exempted from this chapter.
- 36-21A-30 — Reputation, age, competence, and citizenship required for license--Priorrejection or revocation of license.
- 36-21A-30.1 — Education requirement for broker associate license.
- 36-21A-31 — Experience and education required of applicant for responsible broker'slicense.
- 36-21A-32 — Waiver of experience requirement on responsible broker applicant's refusalto associate--Relocation or acceptance of unfair contract not required.
- 36-21A-33 — Denial of application.
- 36-21A-34 — Repealed.
- 36-21A-34.1 — Continuing education required of salesperson--Promulgation of rulesspecifying requirements--Exemption.
- 36-21A-34.2 — Certain salespersons to apply for broker associate license.
- 36-21A-35 — Application for license--Contents--Oath or affirmation.
- 36-21A-36 — Written examination--Time and place--Contents.
- 36-21A-36.1 — Application for license--Time limit.
- 36-21A-37 — License required for real estate firm.
- 36-21A-38 — Qualifying broker(s) to be licensed before firm licensed--Termination ofqualifying broker's affiliation--Application fee.
- 36-21A-39 — Dissolution of real estate firm--Return of firm license by qualifying broker.
- 36-21A-40 — Partner or associate must be licensee--Non licensee as shareholder, directoror officer--Conditions.
- 36-21A-41 — Qualification by examination required.
- 36-21A-42 — Repealed.
- 36-21A-43 — Examination reciprocity with other states.
- 36-21A-44 — Issuance of license to successful applicant--Association with broker--Authority to conduct business.
- 36-21A-45 — Suspension of license on disassociation from broker or firm.
- 36-21A-46 — Restriction on substantial ownership of business or firm by licensedsalesperson or broker associate--Effective date.
- 36-21A-46.1 — Salesperson or broker associate permitted to form certain business entities--Conditions.
- 36-21A-47 — Restricted broker's license--Termination and prosecution if licensee exceedsauthority.
- 36-21A-48 — Exemption from property manager's license for operators of state and federalhousing units.
- 36-21A-49 — Application fee for real estate salesperson's, broker associate's, broker's, orrestricted license.
- 36-21A-50 — Conditions for issuing of license or reinstatement after revocation orsuspension.
- 36-21A-51 — Broker's place of business--Licenses displayed--Property manager licenseexception.
- 36-21A-52 — Registration of place of business--Business restricted to designated place--New license or inactive status on change of location.
- 36-21A-53 — Branch office name.
- 36-21A-54 — Reciprocal privileges extended to nonresident licensees--Licensees fromstates not granting full reciprocity.
- 36-21A-55 — Transaction of business subjects nonresidents to personal jurisdiction--Service of process--Delivery of copy of process or pleading to executivedirector.
- 36-21A-56 — Written notice of change of association--Statement of registration--Salesmanplaced on inactive status.
- 36-21A-57 — Cancellation of salesperson's or broker associate's license upon unreportedchange of association.
- 36-21A-58 — Renewal of license by salesperson or broker associate without employingbroker--Restrictions on inactive salesperson or broker associate whose licensehas been renewed.
- 36-21A-59 — Disassociated salesperson or broker associate performing acts contemplatedby this chapter as misdemeanor.
- 36-21A-60 — Additional, transfer and duplicate license fees.
- 36-21A-61 — Biennial registration fees for licenses--Time of application--Cancellationupon failure to register--Reinstatement.
- 36-21A-62 — Biennial proof by licensees of continuing education--Persons exempt.
- 36-21A-63 — Approved courses for continuing education--List maintained--Standards.
- 36-21A-64 — License renewal withheld until proof of continuing education presented.
- 36-21A-65 — Exceptions to continuing education requirements.
- 36-21A-66 — Late renewal application and fee.
- 36-21A-67 — Licensees entering United States armed forces--Application forreinstatement--Timing and requirements--Waiver of continuing education.
- 36-21A-68 — Grounds for revocation of license--Criminal prosecution--Setting minimumfees not impaired--Suspension, reprimand, and monetary penalties.
- 36-21A-69 — Surrender of license to commission after suspension or revocation.
- 36-21A-69.1 — Responsible broker to surrender associate licenses.
- 36-21A-70 — Effect of suspension, revocation or other action taken against qualifyingbroker--Revocation or suspension of firm license.
- 36-21A-71 — Acts constituting unprofessional conduct.
- 36-21A-72 — Restrictions on licensee advertising.
- 36-21A-73 — Repealed.
- 36-21A-74 — Preservation of records.
- 36-21A-75 — Closing statements to be furnished by brokers.
- 36-21A-76 — Cobrokerage transaction--Money held in listing broker's trust account.
- 36-21A-77 — Purchaser deposits in unconsummated transactions.
- 36-21A-78 — Substantiation of information in listing agreement--Latent defects.
- 36-21A-79 — Broker's responsibility for real estate activities of salesman and brokerassociates.
- 36-21A-80 — Handling of money received by broker for principal.
- 36-21A-81 — Disbursement pursuant to written agreement of trust funds where purchaseagreement does not close.
- 36-21A-82 — Deposit slip and ledger sheet for special trust account--Records maintained--Notice to commission as to financial institution and name of account.
- 36-21A-83 — Documents kept by broker remitting immediately to principal.
- 36-21A-84 — Completed transaction required for compensation of broker--Promulgationof rules for exceptions.
- 36-21A-85 — Repealed.
- 36-21A-86 — Procedure on revocation of license--Appeal.
- 36-21A-87 — Violation of chapter as misdemeanor.
- 36-21A-88 — Action for compensation of unlicensed persons prohibited.
- 36-21A-89 — Promulgation of rules for administration and enforcement of this chapter.
- 36-21A-89.1 — Repealed.
- 36-21A-90 — Promulgation of rules establishing uniform standards of professionalappraisal practice.
- 36-21A-91 — Injunction for unprofessional conduct--Election of criminal proceedings orinjunction.
- 36-21A-92 — Definition of terms for §§ 36-21A-92 to 36-21A-100.
- 36-21A-93 — Application for subdivision certificate--Fee--Contents--Additionalinformation.
- 36-21A-94 — Proof by subdivider of ability to provide promised public improvements--Security.
- 36-21A-95 — Investigation of application and inspection of out-of-state real estate--Expenses borne by applicant.
- 36-21A-96 — Designation of executive director of commission as agent for service ofprocess.
- 36-21A-97 — Issuance of certificate--Annual fee--Cancellation or renewal of certificate--Investigation.
- 36-21A-98 — Recording of instrument conveying interest in subdivision.
- 36-21A-99 — Cease and desist orders to prevent subdivision sales provisions violations.
- 36-21A-100 — Contracts violating subdivision sale provisions void and unenforceable--Recovery of money paid plus interest.
- 36-21A-101 — Establishment of real estate recovery fund--Purpose.
- 36-21A-102 — Minimum balance in recovery fund--Separate fee payable to restore minimumbalance.
- 36-21A-103 — Notice to commission of claims against recovery fund--Intervention bycommission.
- 36-21A-104 — Application by unsatisfied judgment creditor for payment of loss fromrecovery fund--Maximum payment--Service on commission and judgmentdebtor--Hearing on application for payment--Continuances.
- 36-21A-105 — Facts to be shown at hearing by applicant for payment from recovery fund.
- 36-21A-106 — False statement in proceedings against recovery fund as perjury.
- 36-21A-107 — Burden of proof as to fraud or conversion--Presumption when original actionwas contested by debtor.
- 36-21A-108 — Defense by commission of action against recovery fund--Motion fordismissal--Compromise.
- 36-21A-109 — Defense by judgment debtor in action against recovery fund.
- 36-21A-110 — Payment from recovery fund ordered only on valid cause of action--Priorjudgment only prima facie evidence.
- 36-21A-111 — Order for payment from recovery fund.
- 36-21A-112 — Maximum liability of fund for acts of one licensee.
- 36-21A-113 — Deferred payment of authorized claim--Interest.
- 36-21A-114 — Suspension of license when payment from fund authorized--Repayment tofund required for reinstatement.
- 36-21A-115 — Subrogation of fund to rights under judgment paid--Assignment.
- 36-21A-116 — Other disciplinary powers unimpaired--Effect of repayment to fund.
- 36-21A-117 — , 36-21A-118. Transferred.
- 36-21A-119 — Errors and omissions insurance required of salesmen and brokers.
- 36-21A-120 — Group insurance coverage authorized--Independent errors and omissionscoverage.
- 36-21A-121 — Commission to determine conditions of errors and omissions coverage.
- 36-21A-122 — Notice of terms and conditions of errors and omissions--Certificate ofcoverage.
- 36-21A-123 — Repealed.
- 36-21A-124 — Employment status--Independent contractor.
- 36-21A-125 — "Adverse material fact" defined.
- 36-21A-126 — "Brokerage" defined.
- 36-21A-127 — "Confidential information" defined.
- 36-21A-128 — Informative acts that do not constitute representation.
- 36-21A-129 — "Substantive contact" defined.
- 36-21A-130 — Agency agreements--Requirements.
- 36-21A-131 — Licensee--Limited relationships.
- 36-21A-132 — Duties and obligations of licensee representing seller or landlord.
- 36-21A-133 — Seller's or landlord's agent not to disclose certain information without expressauthority--Exceptions.
- 36-21A-134 — Seller's agent has no fiduciary duty to customer.
- 36-21A-134.1 — No duty to disclose sex offender information.
- 36-21A-135 — Seller's agent may show other properties.
- 36-21A-136 — Duties and obligations of licensee representing buyer or tenant.
- 36-21A-137 — Buyer's or tenant's agent not to disclose certain information without writtenauthority--Exceptions.
- 36-21A-138 — Buyer's agent has no fiduciary duty to customer.
- 36-21A-138.1 — No duty to volunteer sex offender information--Actual knowledge must bedisclosed upon inquiry.
- 36-21A-139 — Buyer's agent may show property to competing clients.
- 36-21A-140 — Licensee as limited agent--Written consent of all parties required--Duties andobligations.
- 36-21A-141 — Certain information not to be disclosed by limited agent without writtenconsent.
- 36-21A-141.1 — Appointment of licensee to act as appointed agent of client to exclusion ofother licensees--Limited agent--Information--Rules.
- 36-21A-142 — Limited agent not to disclose certain information about one client to anotherwithout written authority--Exceptions.
- 36-21A-143 — "Subagency" defined.
- 36-21A-144 — Transaction broker--Duties and obligations.
- 36-21A-145 — Transaction broker not responsible for--Independent inspections--Statementsby seller--Finances.
- 36-21A-146 — Certain information not to be disclosed by transaction broker without writtenconsent.
- 36-21A-147 — Office policies--Relationships--Written disclosure.
- 36-21A-148 — Client, licensee not liable for misrepresentation made by the other--Exception.
- 36-21A-149 — Duties under common law.
- 36-21A-150 — Duties of broker or licensee after transaction finished.