reglab/housing_qa huggingface dataset:
SD Codified L § 36-21A-132 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21A - Real Estate Licensing|Section 36-21A-132 - Duties and obligations of licensee representing seller or landlord.

36-21A-132. Duties and obligations of licensee representing seller or landlord.Any licensee representing a seller or landlord has the following duties and obligations:(1)To perform the terms of the written agreement made with the client;(2)To exercise reasonable skill and care for the client;(3)To promote the interest of the client with the utmost good faith, loyalty, and fidelity, including:(a)Seeking a price and terms which are acceptable to the client. However, the licensee is not obligated to seek additional offers to purchase the property while the property is subject to a contract for sale or to seek additional offers to lease the property while the property is subject to a lease or letter of intent to lease;(b)Presenting all written offers to and from the client in a timely manner regardless of whether the property is subject to a contract for sale or lease or a letter of intent to lease;(c)Disclosing to the client all adverse material facts actually known by the licensee; and(d)Advising the client to obtain expert advice as to material matters about which the licensee knows but the specifics of which are beyond the expertise of the licensee;(4)To account in a timely manner for all money and property received; and(5)To comply with any applicable federal, state, and local laws, rules, regulations, and ordinances, including fair housing and civil rights statutes, or regulations. Source: SL 1998, ch 229, §9.
SD Codified L § 36-21A-133 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21A - Real Estate Licensing|Section 36-21A-133 - Disclosure of client information by seller's or landlord's agent.

36-21A-133. Disclosure of client information by seller's or landlord's agent.Without the express written authority of the seller or landlord, no licensee acting as a seller's or landlord's agent may disclose any confidential information about the client unless disclosure is required by statute or rule or failure to disclose the information would constitute misrepresentation. No cause of action for any person may arise against a seller's agent for making any required or permitted disclosure.A seller's agent does not terminate the seller's agency relationship by making any required or permitted disclosures. Source: SL 1998, ch 229, §10; SL 2013, ch 177, §34.
SD Codified L § 36-21A-134 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21A - Real Estate Licensing|Section 36-21A-134 - Seller's agent has no fiduciary duty to customer.

36-21A-134. Seller's agent has no fiduciary duty to customer.No licensee acting as a seller's or landlord's agent owes any fiduciary duty or obligation to a customer. A licensee shall provide disclosure of all adverse material facts known by the licensee to any customer.No seller's or landlord's agent owes any duty to conduct an independent inspection of the property. Source: SL 1998, ch 229, §11.
SD Codified L § 36-21A-134.1 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21A - Real Estate Licensing|Section 36-21A-134.1 - No duty to disclose sex offender information.

36-21A-134.1. No duty to disclose sex offender information.No licensee representing a seller or landlord has a duty to investigate, volunteer, or disclose information regarding a registered sex offender residing on or near the property. Source: SL 2000, ch 196, §1.
SD Codified L § 36-21A-135 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21A - Real Estate Licensing|Section 36-21A-135 - Seller's agent may show other properties.

36-21A-135. Seller's agent may show other properties.A seller's or landlord's agent may show alternative properties not owned by the client to prospective buyers and may list competing properties for sale or lease without breaching any duty or obligation to the client. Source: SL 1998, ch 229, §12.
SD Codified L § 36-21A-136 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21A - Real Estate Licensing|Section 36-21A-136 - Duties and obligations of licensee representing buyer or tenant.

36-21A-136. Duties and obligations of licensee representing buyer or tenant.Any licensee representing a buyer or tenant has the following duties and obligations:(1)To perform the terms of any written agreement made with the client;(2)To exercise reasonable skill and care for the client;(3)To promote the interest of the client with the utmost good faith, loyalty, and fidelity, including:(a)Seeking a price and terms which are acceptable to the client. However, the licensee is not obligated to seek other properties while the client is a party to a contract to purchase property or to a lease or letter of intent to lease;(b)Presenting all written offers to and from the client in a timely manner regardless of whether the client is already a party to a contract to purchase property or is already a party to a contract or a letter of intent to lease;(c)Disclosing to the client adverse material facts known by the licensee; and(d)Advising the client to obtain expert advice as to material matters about which the licensee knows but the specifics of which are beyond the expertise of the licensee;(4)To account in a timely manner for all money and property received; and(5)To comply with any applicable federal, state, and local laws, rules, regulations, and ordinances, including fair housing and civil rights statutes or regulations. Source: SL 1998, ch 229, §13.
SD Codified L § 36-21A-137 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21A - Real Estate Licensing|Section 36-21A-137 - Buyer's or tenant's agent not to disclose certain information without written authority--Exceptions.

36-21A-137. Buyer's or tenant's agent not to disclose certain information without written authority--Exceptions.Without the express written authority of the buyer or tenant, no licensee acting as a buyer's or tenant's agent may disclose any confidential information about the client unless disclosure is required by statute or rule or failure to disclose the information would constitute misrepresentation. No cause of action for any person may arise against a licensee acting as a buyer's or tenant's agent for making any required or permitted disclosure.A buyer's agent does not terminate the buyer's agency relationship by making any required or permitted disclosures. Source: SL 1998, ch 229, §14.
SD Codified L § 36-21A-138 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21A - Real Estate Licensing|Section 36-21A-138 - Buyer's agent has no fiduciary duty to customer.

36-21A-138. Buyer's agent has no fiduciary duty to customer.No licensee acting as a buyer's or tenant's agent owes any fiduciary duty or obligation to a customer. A licensee shall provide disclosure of all adverse material facts known by the licensee to any customer.No buyer's or tenant's agent owes any duty to conduct an independent investigation of the client's financial condition. Source: SL 1998, ch 229, §15.
SD Codified L § 36-21A-138.1 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21A - Real Estate Licensing|Section 36-21A-138.1 - No duty to volunteer sex offender information--Actual knowledge must be disclosed upon inquiry.

36-21A-138.1. No duty to volunteer sex offender information--Actual knowledge must be disclosed upon inquiry.No licensee representing a buyer or tenant has a duty to investigate or volunteer information regarding a registered sex offender residing on or near the property. However, upon inquiry by the licensee's client, the licensee representing a buyer or tenant shall disclose to the client any actual knowledge that the licensee may have regarding a registered sex offender residing on or near the property. Source: SL 2000, ch 196, §2.
SD Codified L § 36-21A-139 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21A - Real Estate Licensing|Section 36-21A-139 - Buyer's agent may show property to competing clients.

36-21A-139. Buyer's agent may show property to competing clients.A buyer's or tenant's agent may show properties in which the client is interested to other prospective buyers or tenants without breaching any duty or obligation to the client. This section does not prohibit a buyer's or tenant's agent from showing competing clients the same property and from assisting competing clients in attempting to purchase or lease a particular property. Source: SL 1998, ch 229, §16.
SD Codified L § 36-21A-140 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21A - Real Estate Licensing|Section 36-21A-140 - Licensee as limited agent--Written consent of all parties required--Duties and obligations.

36-21A-140. Licensee as limited agent--Written consent of all parties required--Duties and obligations.A licensee may act as a limited agent only with the informed written consent of all parties to the transaction. A limited agent is an agent for both the seller and the buyer and has the following duties and obligations:(1)To perform the terms of any written agreement made with the client;(2)To exercise reasonable skill and care for the client;(3)To present all written offers to and from the client in a timely manner regardless of whether the client is already a party to a contract to purchase property or is already a party to a contract or a letter of intent to lease;(4)To disclose to the client adverse material facts known by the licensee;(5)To advise the client to obtain expert advice as to material matters about which the licensee knows but the specifics of which are beyond the expertise of the licensee;(6)To account in a timely manner for all money and property received; and(7)To comply with any applicable federal, state, and local laws, rules, regulations, and ordinances, including fair housing and civil rights statutes or regulations. Source: SL 1998, ch 229, §17.
SD Codified L § 36-21A-141 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21A - Real Estate Licensing|Section 36-21A-141 - Certain information not to be disclosed by limited agent without written consent.

36-21A-141. Certain information not to be disclosed by limited agent without written consent.The following information may not be disclosed by a limited agent without the informed written consent of the client to whom the information pertains:(1)That a buyer is willing to pay more than the asking price or lease rate offered for the property;(2)That a seller is willing to accept less than the asking price or lease rate for the property;(3)What the motivating factors are for any client, buying, selling, or leasing the property; and(4)That a client will agree to financing terms other than those offered. Source: SL 1998, ch 229, §18.
SD Codified L § 36-21A-141.1 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21A - Real Estate Licensing|Section 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-141.1. Appointment of licensee to act as appointed agent of client to exclusion of other licensees--Limited agent--Information--Rules.A real estate brokerage entering into an agency agreement may, through the responsible broker, appoint to the client those licensees affiliated with the brokerage who will act as appointed agents of that client to the exclusion of all other licensees affiliated with the brokerage. The appointment shall be in writing. A responsible broker is not a limited agent solely because the broker makes an appointment pursuant to this section. However, any licensee who personally represents both the seller and buyer or both the landlord and tenant in a particular transaction is a limited agent and shall comply with the provisions governing limited agents.When an agent is appointed pursuant to this section, each client, the real estate brokerage, and any appointed licensee is considered to possess only actual knowledge and information. There is no imputation of knowledge or information by operation of law among or between the client, the real estate brokerage, and the appointed agent.The commission shall promulgate rules pursuant to chapter 1-26 to establish appointed agent procedures regarding disclosure and confidentiality. Source: SL 2005, ch 203, §1.
SD Codified L § 36-21A-142 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21A - Real Estate Licensing|Section 36-21A-142 - Limited agent not to disclose certain information about one client to another without written authority--Exceptions.

36-21A-142. Limited agent not to disclose certain information about one client to another without written authority--Exceptions.Without the express written authority of a client, no limited agent may disclose to one client any confidential information about the other client unless the disclosure is required by statute or rule or failure to disclose the information would constitute misrepresentation. No cause of action for any person may arise against a limited agent for making any required or permitted disclosure.A limited agent does not terminate the limited agency relationship by making any required or permitted disclosures. Source: SL 1998, ch 229, §19.
SD Codified L § 36-21A-143 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21A - Real Estate Licensing|Section 36-21A-143 - Subagency defined.

36-21A-143. Subagency defined.For the purposes of this chapter, a subagency is any situation in which a responsible broker or licensees associated with the broker act for another broker's client with written permission of the client. The subagent owes the same obligations and responsibilities to the client as does the client's broker. Source: SL 1998, ch 229, §20.
SD Codified L § 36-21A-144 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21A - Real Estate Licensing|Section 36-21A-144 - Transaction broker--Duties and obligations.

36-21A-144. Transaction broker--Duties and obligations.Any licensee acting as a transaction broker has the following duties and obligations:(1)To perform the terms of any written agreement made with the customer;(2)To exercise reasonable skill and care for the customer;(3)To present all offers in a timely manner;(4)To account in a timely manner for all money and property received;(5)To comply with any applicable federal, state, and local laws, rules, regulations, and ordinances including fair housing and civil rights statutes or regulations; and(6)To disclose to the customer all adverse material facts known by the licensee.No licensee acting as a transaction broker may advise any party to a transaction to the detriment of another party. Source: SL 1998, ch 229, §21.
SD Codified L § 36-21A-145 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21A - Real Estate Licensing|Section 36-21A-145 - Transaction broker not responsible for--Independent inspections--Statements by seller--Finances.

36-21A-145. Transaction broker not responsible for--Independent inspections--Statements by seller--Finances.No licensee acting as a transaction broker has any duty to:(1)Conduct an independent inspection of the property for the benefit of any party to the transaction;(2)Independently verify the accuracy or completeness of statements made by the seller, landlord, buyer, tenant, or qualified third-party inspector; or(3)Conduct an independent investigation of the buyer's or tenant's financial condition. Source: SL 1998, ch 229, §22.
SD Codified L § 36-21A-146 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21A - Real Estate Licensing|Section 36-21A-146 - Certain information not to be disclosed by transaction broker without written consent.

36-21A-146. Certain information not to be disclosed by transaction broker without written consent.The following information may not be disclosed by the transaction broker without the informed written consent of the customer:(1)That a buyer is willing to pay more than the asking price or lease rate offered for the property;(2)That a seller is willing to accept less than the asking price or lease rate for the property;(3)What the motivating factors are for any customer, buying, selling, or leasing the property;(4)That a customer will agree to financing terms other than those offered; and(5)Any confidential information about a party to the transaction to the other party unless the disclosure is required by statute or rule or failure to disclose the information would constitute misrepresentation. Source: SL 1998, ch 229, §23.
SD Codified L § 36-21A-147 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21A - Real Estate Licensing|Section 36-21A-147 - Office policies--Relationships--Written disclosure.

36-21A-147. Office policies--Relationships--Written disclosure.Every responsible broker shall develop and maintain a written office policy that specifically sets forth agency and brokerage relationships that the broker may establish. At the first substantive contact with a seller or buyer who has not entered into a written agreement with a broker, the licensee shall:(1)Disclose in writing to that person the types of agency and brokerage relationships the broker is offering to that person; and(2)Provide that person with a written copy of a disclosure on a form prescribed by the commission.The written disclosure shall contain a signature block for the client or customer to acknowledge receipt of the disclosure. The customer's acknowledgment of disclosure does not constitute a contract with the licensee. If the customer fails or refuses to sign the disclosure, the licensee shall note that fact on a copy of the disclosure and retain the copy.After a seller and buyer have entered into a written agency or brokerage agreement with a broker, no other licensee is required to make the disclosures required by this section.The commission may prescribe the disclosure form by rules promulgated pursuant to chapter 1-26. Source: SL 1998, ch 229, §24.
SD Codified L § 36-21A-148 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21A - Real Estate Licensing|Section 36-21A-148 - Client, licensee not liable for misrepresentation made by the other--Exception.

36-21A-148. Client, licensee not liable for misrepresentation made by the other--Exception.No client or customer is liable for any misrepresentation made by the licensee arising out of their agency or brokerage agreement unless the client or customer knew of the misrepresentation.No licensee is liable for a misrepresentation of the licensee's client arising out of the agency agreement unless the licensee knew of the misrepresentation.In any agency or brokerage relationship, the licensees, each client or customer, and the real estate brokerage are required to possess only actual knowledge and information. There is no imputation of knowledge or information by operation of law among or between the clients or customers, the real estate brokerage, and its licensees. Source: SL 1998, ch 229, §25.
SD Codified L § 36-21A-149 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21A - Real Estate Licensing|Section 36-21A-149 - Duties under common law.

36-21A-149. Duties under common law.This section supersedes only the duties of the parties under the common law, including fiduciary duties of an agent to a principal, to the extent inconsistent with this chapter. The common law continues to apply to the parties in all other respects. This chapter does not affect the duties of any licensee while engaging in the authorized or unauthorized practice of law as determined by the courts of this state. Source: SL 1998, ch 229, §26.
SD Codified L § 36-21A-150 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21A - Real Estate Licensing|Section 36-21A-150 - Duties of broker or licensee after transaction finished.

36-21A-150. Duties of broker or licensee after transaction finished.Unless otherwise provided in the agreement or by law, no broker and licensee associated with that broker engaged as a seller's/landlord's or buyer's/tenant's agent, subagent, limited agent, or transaction broker owes any further duty or obligation to a client or customer after termination, expiration, completion, or performance of the agency or brokerage agreement, except for the following duties:(1)Accounting for all moneys and property related to and received during the engagement; and(2)Keeping confidential all information received during the course of the engagement. Source: SL 1998, ch 229, §27.
SD Codified L § 36-21A-151 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21A - Real Estate Licensing|Section 36-21A-151 - Applicants and licensees under disciplinary investigation--Criminal background check.

36-21A-151. Applicants and licensees under disciplinary investigation--Criminal background check. Each applicant for licensure and registration as a real estate broker, property manager, or residential rental agent in this state shall submit to a state and federal criminal background investigation by means of fingerprint checks by the Division of Criminal Investigation and the Federal Bureau of Investigation. Upon application, the commission shall submit completed fingerprint cards to the Division of Criminal Investigation. Upon completion of the criminal background check, the Division of Criminal Investigation shall forward to the commission all information obtained as a result of the criminal background check. This information shall be obtained prior to licensure of the applicant. The commission may require a state and federal criminal background check for any licensee who is the subject of a disciplinary investigation by the commission. Failure to submit or cooperate with the criminal background investigation is grounds for denial of an application or may result in revocation of a license. The applicant shall pay for any fees charged for the cost of fingerprinting or the criminal background investigation. Source: SL 2009, ch 190, §1; SL 2021, ch 179, § 1.
SD Codified L § 36-21B-1 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21B - Real Estate Appraisers|Section 36-21B-1 - Appraisers to be certified, licensed, or registered--Injunction for violation.

36-21B-1. Appraisers to be certified, licensed, or registered--Injunction for violation.Any person who performs a real estate appraisal or advertises or holds himself or herself out to the general public as a real estate appraiser in this state shall be certified, licensed, or registered by the Department of Labor and Regulation unless exempt under another provision of this chapter or another provision of statute. Any person who violates this section may be restrained by permanent injunction in any court of competent jurisdiction, at the suit of the attorney general or any citizen of the state. Source: SL 1995, ch 223, §1; SL 2004, ch 17, §236; SL 2011, ch 1 (Ex. Ord. 11-1), §162, eff. Apr. 12, 2011; SL 2011, ch 182, §1.