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South Dakota Codified Laws
Title 36
Chapter 36-21A
S.D. Codified Laws ch. 36-21A
Real Estate Licensing
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36-21A-1
Definitions.
36-21A-2
Advertisement and advertising defined.
36-21A-3
Appraisal or evaluation defined.
36-21A-4
Repealed
Repealed
36-21A-5
Association defined.
36-21A-6
Real estate broker and broker defined.
36-21A-7
Moral turpitude defined.
36-21A-8
Repealed
Repealed
36-21A-9
Inactive license 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 licensing requirements.
36-21A-12.2
Broker price opinion and comparative market analysis defined.
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 Labor and Regulation--Records and reports.
36-21A-17
Seal of commission.
36-21A-18
Executive director--Duties.
36-21A-19
Employment of personnel.
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
List of licensees and other information to be available.
36-21A-27
Licensees not qualified for exceptions.
36-21A-28
Active license required for certain acts.
36-21A-29
Persons and entities exempt from licensure.
36-21A-30
Reputation, age, competence, and citizenship required for license--Prior rejection or revocation of license.
36-21A-30.1
Education requirement for broker associate license applicants.
36-21A-30.2
Education requirements for initial licensure as broker associate.
36-21A-31
Responsible broker's license--Experience and education required.
36-21A-32
Waiver of experience requirement on responsible broker applicant's refusal to associate--Relocation or acceptance of unfair contract not required.
36-21A-33
Denial of application--Reasons.
36-21A-34
Repealed
Repealed
36-21A-34.1
Requirements for upgrade to broker associate license.
36-21A-34.2
Repealed
Repealed
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
Responsible broker to represent corporation, limited liability company, partnership or association and sign application--Termination of affiliation--Fee.
36-21A-39
Dissolution of corporation, partnership, limited liability company, or association--Notification.
36-21A-40
Repealed
Repealed
36-21A-41
Qualification by examination required.
36-21A-42
Repealed
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
Repealed
Repealed
36-21A-46
Repealed
Repealed
36-21A-46.1
Responsible broker, salesperson, or broker associate permitted to form certain business entities--Conditions.
36-21A-47
Restricted broker's license--Issuance--Termination and prosecution--Promulgation of rules.
36-21A-48
Exemption from property manager's license for operators of state and federal housing units.
36-21A-49
Application fee for individual licensure.
36-21A-50
Conditions for issuing of license or reinstatement after revocation or suspension.
36-21A-51
Repealed
Repealed
36-21A-52
Registration of place of business--Change of location.
36-21A-53
Branch office name.
36-21A-54
Reciprocal privileges extended to nonresident licensees--Licensees from states 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 executive director.
36-21A-56
Written notice of change of association--Statement of registration--Salesman placed on inactive status.
36-21A-57
Repealed
Repealed
36-21A-58
Renewal of license by salesperson or broker associate not associated with responsible broker--Restrictions on inactive salesperson or broker associate.
36-21A-59
Repealed
Repealed
36-21A-60
Additional fees.
36-21A-61
Biennial registration--Cancellation upon failure to register.
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 inactive until proof of continuing education provided.
36-21A-65
Exceptions to continuing education requirements.
36-21A-66
Late renewal application--Fee.
36-21A-67
Licensees entering United States armed forces--Application for reinstatement--Timing and requirements--Waiver of continuing education.
36-21A-68
Grounds for revocation of license--Criminal prosecution--Setting minimum fees not impaired--Suspension, reprimand, and monetary penalties.
36-21A-69
Repealed
Repealed
36-21A-69.1
Responsible broker to surrender associate licenses.
36-21A-70
Revocation or suspension of firm license following discipline of responsible broker.
36-21A-71
Acts constituting unprofessional conduct.
36-21A-72
Restrictions on licensee advertising.
36-21A-73
Repealed
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 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 activities of affiliated licensees.
36-21A-80
Handling of money received by broker for principal.
36-21A-81
Disbursement pursuant to written agreement of trust funds where purchase agreement 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
Records kept by broker remitting immediately to principal.
36-21A-84
Completed transaction required for compensation of broker--Promulgation of rules for exceptions.
36-21A-85
Repealed
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
Administration and enforcement of chapter--Promulgation of rules.
36-21A-89.1
Repealed
Repealed
36-21A-90
Promulgation of rules establishing uniform standards of professional appraisal practice.
36-21A-91
Actions for injunction--Attorney fees and costs.
36-21A-92
Repealed
Repealed
36-21A-93
Application for subdivision certificate--Fee--Contents--Additional information.
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 of process.
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 minimum balance.
36-21A-103
Notice to commission of claims against recovery fund--Intervention by commission.
36-21A-104
Application by unsatisfied judgment creditor for payment of loss from recovery fund--Maximum payment--Service on commission and judgment debtor--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 action was contested by debtor.
36-21A-108
Defense by commission of action against recovery fund--Motion for dismissal--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--Prior judgment 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 to fund 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-117, 36-21A-118. Transferred to §§ 36-21B-3, 36-21B-7.
36-21A-119
Errors and omissions insurance required of salesmen and brokers.
36-21A-120
Group insurance coverage authorized--Independent errors and omissions coverage.
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 of coverage.
36-21A-123
Repealed
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
Disclosure of client information by seller's or landlord's agent.
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 written authority--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 be disclosed 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 and obligations.
36-21A-141
Certain information not to be disclosed by limited agent without written consent.
36-21A-141.1
Appointment of licensee to act as appointed agent of client to exclusion of other licensees--Limited agent--Information--Rules.
36-21A-142
Limited agent not to disclose certain information about one client to another without 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--Statements by seller--Finances.
36-21A-146
Certain information not to be disclosed by transaction broker without written consent.
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.
36-21A-151
Applicants and licensees under disciplinary investigation--Criminal background check.