South Dakota

36-21A-1. Definitions.

36-21A-2. Advertisement and advertising defined.

36-21A-3. Appraisal or evaluation defined.

36-21A-4. 36-21A-4. Repealed by SL 2013, ch 177, § 4.

36-21A-5. Association defined.

36-21A-6. Real estate broker and broker defined.

36-21A-7. Moral turpitude defined.

36-21A-8. 36-21A-8. Repealed by SL 1997, ch 275, § 3.

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. 36-21A-34. Repealed by SL 2002, ch 180, § 5.

36-21A-34.1. Requirements for upgrade to broker associate license.

36-21A-34.2. 36-21A-34.2. Repealed by SL 2013, ch 177, § 13.

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. 36-21A-40. Repealed by SL 2011, ch 180, § 5.

36-21A-41. Qualification by examination required.

36-21A-42. 36-21A-42. Repealed by SL 2001, ch 208, § 1.

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. 36-21A-45. Repealed by SL 2013, ch 177, § 16.

36-21A-46. 36-21A-46. Repealed by SL 2011, ch 180, § 6.

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. 36-21A-51. Repealed by SL 2013, ch 177, § 20.

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. 36-21A-57. Repealed by SL 2013, ch 177, § 21.

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. 36-21A-59. Repealed by SL 2013, ch 177, § 22.

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. 36-21A-69. Repealed by SL 2013, ch 177, § 27.

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. 36-21A-73. Repealed by SL 1998, ch 229, § 28.

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. 36-21A-85. Repealed by SL 1998, ch 229, § 29.

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. 36-21A-89.1. Repealed by SL 2005, ch 230, § 3.

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. 36-21A-92. Repealed by SL 2013, ch 177, § 33.

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. 36-21A-123. Repealed by SL 2001, ch 209, § 1.

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.

36-21B-1. Appraisers to be certified, licensed, or registered--Injunction for violation.

36-21B-2. Definitions.

36-21B-2.1. Repealed.

36-21B-2.2. Criminal background checks.

36-21B-2.3. Grounds for denying issuance of certificate.

36-21B-3. Promulgation of rules.

36-21B-4. Promulgation of rules to establish fees for certification of appraisers.

36-21B-5. Fees credited to Real Estate Appraisers Fund.

36-21B-6. Legislative appropriations of Real Estate Appraiser Fund.

36-21B-7. Penalty for violation of statute or rule.

36-21B-8. Application of chapter.

36-21B-9. 36-21B-9. Repealed by SL 2001, ch 210, § 2.

36-21B-10. Contested cases--Assessment of expenses.

36-21B-11. Improper influence on real estate appraisals prohibited--Grounds for discipline.

36-21B-12. Conduct not constituting improper influence on real estate appraisals.

36-21B-13. Evaluation for federally insured depository institution.

36-21C-1. Definition of terms.

36-21C-2. Commission to license or register home inspectors.

36-21C-3. Home inspectors to be licensed or registered--Violation as misdemeanor.

36-21C-4. Application for license--Requirements.

36-21C-5. Application for registration--Requirements.

36-21C-6. Promulgation of rules for licensing and registration.

36-21C-7. Exceptions to home inspector licensing requirements.

36-21C-8. Issuing of license to persons licensed elsewhere.

36-21C-9. Initial provisions for licensing experienced home inspectors.

36-21C-10. Expiration and renewal of license or registration--Applications--Penalty for late filing.

36-21C-11. Suspension, revocation, reprimand, or fine for violation of chapter.

36-21C-12. Fees and fines paid to commission fund.

36-21C-13. Grounds for refusing, suspending or revoking license or registration.

36-21C-14. Applicants and licensees under disciplinary investigation--Criminal background check.

36-21D-1. Registration of appraisal management companies required--Injunction for violation.

36-21D-2. Appraisal management company defined.

36-21D-3. Appraisal defined.

36-21D-4. Promulgation of rules regarding companies and services.

36-21D-5. Promulgation of rules regarding fees.

36-21D-6. South Dakota appraisal management companies fund.

36-21D-7. Expenditure from fund only upon appropriation.

36-21D-8. Monetary penalty for violation.

36-21D-9. Assessment of expenses of contested case proceeding.

36-21D-10. Prohibited conduct--Grounds for discipline.

36-21D-11. Permissible conduct.

36-21D-12. Surety bond or irrevocable letter of credit to be filed with application for registration or renewal--Conditions.

36-21D-13. Maintenance of surety bond or irrevocable letter of credit.

36-21D-14. Action against surety bond or irrevocable letter of credit.