Chapter 21a. Real Estate Licensing
Index
- SDCL 36-21A-1 Definitions
- SDCL 36-21A-2 Advertisement and Advertising Defined
- SDCL 36-21A-3 Appraisal Or Evaluation Defined
- SDCL 36-21A-4 [Repealed]
- SDCL 36-21A-5 Association Defined
- SDCL 36-21A-6 Real Estate Broker and Broker Defined
- SDCL 36-21A-7 Moral Turpitude Defined
- SDCL 36-21A-8 [Repealed]
- SDCL 36-21A-9 Inactive License Defined
- SDCL 36-21A-10 Property Manager Defined
- SDCL 36-21A-11 Real Estate and Realty Defined
- SDCL 36-21A-12 Real Estate Salesperson Defined
- SDCL 36-21A-12.1 Residential Rental Agent Defined-Promulgation of Rules For Licensing Requirements
- SDCL 36-21A-12.2 Broker Price Opinion and Comparative Market Analysis Defined
- SDCL 36-21A-13 Real Estate Commission Created-Composition
- SDCL 36-21A-14 Terms of Commission Members-Vacancies
- SDCL 36-21A-15 Quorum of Commission
- SDCL 36-21A-16 Commission Continued Within Department of Labor and Regulation-Records and Reports
- SDCL 36-21A-17 Seal of Commission
- SDCL 36-21A-18 Executive Director-Duties
- SDCL 36-21A-19 Employment of Personnel
- SDCL 36-21A-20 Office of Executive Director-Records and Property Maintained
- SDCL 36-21A-21 Meetings of Commission
- SDCL 36-21A-22 Filing Or Notice to the Commission-Date of Filing Or Notice
- SDCL 36-21A-23 Compensation and Expenses of Commission Members
- SDCL 36-21A-24 Real Estate Courses and Institutes Conducted By Commission
- SDCL 36-21A-25 Assistance Provided to Libraries, Licensees, Institutes and Foundations
- SDCL 36-21A-26 List of Licensees and Other Information to Be Available
- SDCL 36-21A-27 Licensees Not Qualified For Exceptions
- SDCL 36-21A-28 Active License Required For Certain Acts
- SDCL 36-21A-29 Persons and Entities Exempt From Licensure
- SDCL 36-21A-30 Reputation, Age, Competence, and Citizenship Required For License-Prior Rejection Or Revocation of License
- SDCL 36-21A-30.1 Education Requirement For Broker Associate License Applicants
- SDCL 36-21A-30.2 Education Requirements For Initial Licensure As Broker Associate
- SDCL 36-21A-31 Responsible Broker's License-Experience and Education Required
- SDCL 36-21A-32 Waiver of Experience Requirement On Responsible Broker Applicant's Refusal to Associate-Relocation Or Acceptance of Unfair Contract Not Required
- SDCL 36-21A-33 Denial of Application-Reasons
- SDCL 36-21A-34 [Repealed]
- SDCL 36-21A-34.1 Requirements For Upgrade to Broker Associate License
- SDCL 36-21A-34.2 [Repealed]
- SDCL 36-21A-35 Application For License-Contents-Oath Or Affirmation
- SDCL 36-21A-36 Written Examination-Time and Place-Contents
- SDCL 36-21A-36.1 Application For License-Time Limit
- SDCL 36-21A-37 License Required For Real Estate Firm
- SDCL 36-21A-38 Responsible Broker to Represent Corporation, Limited Liability Company, Partnership Or Association and Sign Application-Termination of Affiliation-Fee
- SDCL 36-21A-39 Dissolution of Corporation, Partnership, Limited Liability Company, Or Association-Notification
- SDCL 36-21A-40 [Repealed]
- SDCL 36-21A-41 Qualification By Examination Required
- SDCL 36-21A-42 [Repealed]
- SDCL 36-21A-43 Examination Reciprocity With Other States
- SDCL 36-21A-44 Issuance of License to Successful Applicant-Association With Broker-Authority to Conduct Business
- SDCL 36-21A-45 [Repealed]
- SDCL 36-21A-46 [Repealed]
- SDCL 36-21A-46.1 Responsible Broker, Salesperson, Or Broker Associate Permitted to Form Certain Business Entities-Conditions
- SDCL 36-21A-47 Restricted Broker's License-Issuance-Termination and Prosecution-Promulgation of Rules
- SDCL 36-21A-48 Exemption From Property Manager's License For Operators of State and Federal Housing Units
- SDCL 36-21A-49 Application Fee For Individual Licensure
- SDCL 36-21A-50 Conditions For Issuing of License Or Reinstatement After Revocation Or Suspension
- SDCL 36-21A-51 [Repealed]
- SDCL 36-21A-52 Registration of Place of Business-Change of Location
- SDCL 36-21A-53 Branch Office Name
- SDCL 36-21A-54 Reciprocal Privileges Extended to Nonresident Licensees-Licensees From States Not Granting Full Reciprocity
- SDCL 36-21A-55 Transaction of Business Subjects Nonresidents to Personal Jurisdiction-Service of Process-Delivery of Copy of Process Or Pleading to Executive Director
- SDCL 36-21A-56 Written Notice of Change of Association-Statement of Registration-Salesman Placed On Inactive Status
- SDCL 36-21A-57 [Repealed]
- SDCL 36-21A-58 Renewal of License By Salesperson Or Broker Associate Not Associated With Responsible Broker-Restrictions On Inactive Salesperson Or Broker Associate
- SDCL 36-21A-59 [Repealed]
- SDCL 36-21A-60 Additional Fees
- SDCL 36-21A-61 Biennial Registration-Cancellation Upon Failure to Register
- SDCL 36-21A-62 Biennial Proof By Licensees of Continuing Education-Persons Exempt
- SDCL 36-21A-63 Approved Courses For Continuing Education-List Maintained-Standards
- SDCL 36-21A-64 License Inactive Until Proof of Continuing Education Provided
- SDCL 36-21A-65 Exceptions to Continuing Education Requirements
- SDCL 36-21A-66 Late Renewal Application-Fee
- SDCL 36-21A-67 Licensees Entering United States Armed Forces-Application For Reinstatement-Timing and Requirements-Waiver of Continuing Education
- SDCL 36-21A-68 Grounds For Revocation of License-Criminal Prosecution-Setting Minimum Fees Not Impaired-Suspension, Reprimand, and Monetary Penalties
- SDCL 36-21A-69 [Repealed]
- SDCL 36-21A-69.1 Responsible Broker to Surrender Associate Licenses
- SDCL 36-21A-70 Revocation Or Suspension of Firm License Following Discipline of Responsible Broker
- SDCL 36-21A-71 Acts Constituting Unprofessional Conduct
- SDCL 36-21A-72 Restrictions On Licensee Advertising
- SDCL 36-21A-73 [Repealed]
- SDCL 36-21A-74 Preservation of Records
- SDCL 36-21A-75 Closing Statements to Be Furnished By Brokers
- SDCL 36-21A-76 Co-Brokerage Transaction-Money Held In Broker's Trust Account
- SDCL 36-21A-77 Purchaser Deposits In Unconsummated Transactions
- SDCL 36-21A-78 Substantiation of Information In Listing Agreement-Latent Defects
- SDCL 36-21A-79 Broker's Responsibility For Activities of Affiliated Licensees
- SDCL 36-21A-80 Handling of Money Received By Broker For Principal
- SDCL 36-21A-81 Disbursement Pursuant to Written Agreement of Trust Funds Where Purchase Agreement Does Not Close
- SDCL 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
- SDCL 36-21A-83 Records Kept By Broker Remitting Immediately to Principal
- SDCL 36-21A-84 Completed Transaction Required For Compensation of Broker-Promulgation of Rules For Exceptions
- SDCL 36-21A-85 [Repealed]
- SDCL 36-21A-86 Procedure On Revocation of License-Appeal
- SDCL 36-21A-87 Violation of Chapter As Misdemeanor
- SDCL 36-21A-88 Action For Compensation of Unlicensed Persons Prohibited
- SDCL 36-21A-89 Administration and Enforcement of Chapter-Promulgation of Rules
- SDCL 36-21A-89.1 [Repealed]
- SDCL 36-21A-90 Promulgation of Rules Establishing Uniform Standards of Professional Appraisal Practice
- SDCL 36-21A-91 Actions For Injunction-Attorney Fees and Costs
- SDCL 36-21A-92 [Repealed]
- SDCL 36-21A-93 Application For Subdivision Certificate-Fee-Contents-Additional Information
- SDCL 36-21A-94 Proof By Subdivider of Ability to Provide Promised Public Improvements-Security
- SDCL 36-21A-95 Investigation of Application and Inspection of Out-Of-State Real Estate-Expenses Borne By Applicant
- SDCL 36-21A-96 Designation of Executive Director of Commission As Agent For Service of Process
- SDCL 36-21A-97 Issuance of Certificate-Annual Fee-Cancellation Or Renewal of Certificate-Investigation
- SDCL 36-21A-98 Recording of Instrument Conveying Interest In Subdivision
- SDCL 36-21A-99 Cease and Desist Orders to Prevent Subdivision Sales Provisions Violations
- SDCL 36-21A-100 Contracts Violating Subdivision Sale Provisions Void and Unenforceable-Recovery of Money Paid Plus Interest
- SDCL 36-21A-101 Establishment of Real Estate Recovery Fund-Purpose
- SDCL 36-21A-102 Minimum Balance In Recovery Fund-Separate Fee Payable to Restore Minimum Balance
- SDCL 36-21A-103 Notice to Commission of Claims Against Recovery Fund-Intervention By Commission
- SDCL 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
- SDCL 36-21A-105 Facts to Be Shown At Hearing By Applicant For Payment From Recovery Fund
- SDCL 36-21A-106 False Statement In Proceedings Against Recovery Fund As Perjury
- SDCL 36-21A-107 Burden of Proof As to Fraud Or Conversion-Presumption When Original Action Was Contested By Debtor
- SDCL 36-21A-108 Defense By Commission of Action Against Recovery Fund-Motion For Dismissal-Compromise
- SDCL 36-21A-109 Defense By Judgment Debtor In Action Against Recovery Fund
- SDCL 36-21A-110 Payment From Recovery Fund Ordered Only On Valid Cause of Action-Prior Judgment Only Prima Facie Evidence
- SDCL 36-21A-111 Order For Payment From Recovery Fund
- SDCL 36-21A-112 Maximum Liability of Fund For Acts of One Licensee
- SDCL 36-21A-113 Deferred Payment of Authorized Claim-Interest
- SDCL 36-21A-114 Suspension of License When Payment From Fund Authorized-Repayment to Fund Required For Reinstatement
- SDCL 36-21A-115 Subrogation of Fund to Rights Under Judgment Paid-Assignment
- SDCL 36-21A-116 Other Disciplinary Powers Unimpaired-Effect of Repayment to Fund
- SDCL 36-21A-117, 36-21A-118 Transferred
- SDCL 36-21A-119 Errors and Omissions Insurance Required of Salesmen and Brokers
- SDCL 36-21A-120 Group Insurance Coverage Authorized-Independent Errors and Omissions Coverage
- SDCL 36-21A-121 Commission to Determine Conditions of Errors and Omissions Coverage
- SDCL 36-21A-122 Notice of Terms and Conditions of Errors and Omissions-Certificate of Coverage
- SDCL 36-21A-123 [Repealed]
- SDCL 36-21A-124 Employment Status-Independent Contractor
- SDCL 36-21A-125 Adverse Material Fact Defined
- SDCL 36-21A-126 Brokerage Defined
- SDCL 36-21A-127 Confidential Information Defined
- SDCL 36-21A-128 Informative Acts that Do Not Constitute Representation
- SDCL 36-21A-129 Substantive Contact Defined
- SDCL 36-21A-130 Agency Agreements-Requirements
- SDCL 36-21A-131 Licensee-Limited Relationships
- SDCL 36-21A-132 Duties and Obligations of Licensee Representing Seller Or Landlord
- SDCL 36-21A-133 Disclosure of Client Information By Seller's Or Landlord's Agent
- SDCL 36-21A-134 Seller's Agent Has No Fiduciary Duty to Customer
- SDCL 36-21A-134.1 No Duty to Disclose Sex Offender Information
- SDCL 36-21A-135 Seller's Agent May Show Other Properties
- SDCL 36-21A-136 Duties and Obligations of Licensee Representing Buyer Or Tenant
- SDCL 36-21A-137 Buyer's Or Tenant's Agent Not to Disclose Certain Information Without Written Authority-Exceptions
- SDCL 36-21A-138 Buyer's Agent Has No Fiduciary Duty to Customer
- SDCL 36-21A-138.1 No Duty to Volunteer Sex Offender Information-Actual Knowledge Must Be Disclosed Upon Inquiry
- SDCL 36-21A-139 Buyer's Agent May Show Property to Competing Clients
- SDCL 36-21A-140 Licensee As Limited Agent-Written Consent of All Parties Required-Duties and Obligations
- SDCL 36-21A-141 Certain Information Not to Be Disclosed By Limited Agent Without Written Consent
- SDCL 36-21A-141.1 Appointment of Licensee to Act As Appointed Agent of Client to Exclusion of Other Licensees-Limited Agent-Information-Rules
- SDCL 36-21A-142 Limited Agent Not to Disclose Certain Information About One Client to Another Without Written Authority-Exceptions
- SDCL 36-21A-143 Subagency Defined
- SDCL 36-21A-144 Transaction Broker-Duties and Obligations
- SDCL 36-21A-145 Transaction Broker Not Responsible For-Independent Inspections-Statements By Seller-Finances
- SDCL 36-21A-146 Certain Information Not to Be Disclosed By Transaction Broker Without Written Consent
- SDCL 36-21A-147 Office Policies-Relationships-Written Disclosure
- SDCL 36-21A-148 Client, Licensee Not Liable For Misrepresentation Made By the Other-Exception
- SDCL 36-21A-149 Duties Under Common Law
- SDCL 36-21A-150 Duties of Broker Or Licensee After Transaction Finished
- SDCL 36-21A-151 Applicants and Licensees Under Disciplinary Investigation-Criminal Background Check