reglab/housing_qa huggingface dataset:
SD Codified L § 36-21A-12.1 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21A - Real Estate Licensing|Section 36-21A-12.1 - Residential rental agent defined--Promulgation of rules for licensing requirements.

36-21A-12.1. Residential rental agent defined--Promulgation of rules for licensing requirements.For the purposes of this chapter, a residential rental agent is any person who for compensation or consideration is associated with a real estate broker or property manager to negotiate or attempt to negotiate the rental or leasing of residential property, or collect rents or attempt to collect rents. The Real Estate Commission may promulgate rules pursuant to chapter 1-26 to establish requirements for licensing a residential rental agent. Source: SL 2000, ch 197, §1.
SD Codified L § 36-21A-12.2 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21A - Real Estate Licensing|Section 36-21A-12.2 - Broker price opinion and comparative market analysis defined.

36-21A-12.2. Broker price opinion and comparative market analysis defined.For the purposes of this chapter, the terms, broker price opinion and comparative market analysis, mean an estimate prepared by a licensed broker or salesperson that details the probable selling price or leasing price of a particular parcel of or interest in real property and provides a varying level of detail about the property's condition, market and neighborhood, and information on comparable properties, but does not include an automated valuation model. A broker price opinion or a comparative market analysis is not an appraisal. Source: SL 2013, ch 178, §1.
SD Codified L § 36-21A-13 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21A - Real Estate Licensing|Section 36-21A-13 - Real estate commission created--Composition.

36-21A-13. Real estate commission created--Composition.There is created a South Dakota Real Estate Commission. The commission consists of five members appointed by the Governor. The members may not all be of the same political party. Three members shall be active real estate brokers; two shall be members of the public. Source: SL 1992, ch 273, §13.
SD Codified L § 36-21A-14 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21A - Real Estate Licensing|Section 36-21A-14 - Terms of commission members--Vacancies.

36-21A-14. Terms of commission members--Vacancies.Each member of the commission shall be appointed for a term of three years. Any member appointed to the commission prior to July1, 2005, shall serve the four-year term to which the member was originally appointed. Any member appointed to the commission after July1, 2005, shall serve a three-year term. No member may serve more than three consecutive full terms. Any member appointed to fill a vacancy arising during a commissioner's term shall serve for the unexpired portion of the term. The appointment to an unexpired term is not considered a full term. Source: SL 1992, ch 273, §14; SL 2005, ch 199, §55.
SD Codified L § 36-21A-15 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21A - Real Estate Licensing|Section 36-21A-15 - Quorum of commission.

36-21A-15. Quorum of commission.A majority of the commission, in meetings duly assembled, may perform and exercise all of the duties and powers of the commission. Actions of the commission shall be taken upon a majority vote of those members present. Source: SL 1992, ch 273, §15.
SD Codified L § 36-21A-16 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21A - Real Estate Licensing|Section 36-21A-16 - Commission continued within Department of Labor and Regulation--Records and reports.

36-21A-16. Commission continued within Department of Labor and Regulation--Records and reports.The commission shall be an adjunct of the Department of Labor and Regulation, and shall retain all its prescribed functions, including administrative functions. The commission shall submit such records, information and reports in the form and at such times as required by the secretary of labor and regulation. However, the commission shall report at least annually. Source: SL 1992, ch 273, §16; SL 2003, ch 272 (Ex. Ord. 03-1), §55; SL 2011, ch 1 (Ex. Ord. 11-1), §162, eff. Apr. 12, 2011.
SD Codified L § 36-21A-17 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21A - Real Estate Licensing|Section 36-21A-17 - Seal of commission.

36-21A-17. Seal of commission.The commission shall adopt a seal with South Dakota Real Estate Commission engraved thereon, by which it shall authenticate its proceedings. Source: SL 1992, ch 273, §17.
SD Codified L § 36-21A-18 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21A - Real Estate Licensing|Section 36-21A-18 - Executive director--Duties.

36-21A-18. Executive director--Duties.The commission shall employ an executive director who shall perform the following duties:(1)Keep a record of all proceedings, transactions, communications and official acts of the commission;(2)Be custodian of all moneys received;(3)Deposit all moneys in depositories designated by the commission;(4)Be custodian of all records of the commission; and(5)Such other duties as the commission may require. Source: SL 1992, ch 273, §18; SL 2013, ch 177, §7.
SD Codified L § 36-21A-19 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21A - Real Estate Licensing|Section 36-21A-19 - Employment of personnel.

36-21A-19. Employment of personnel.The commission may employ personnel as may be necessary to carry out the provisions of this chapter. Source: SL 1992, ch 273, §19; SL 2018, ch 236, §1.
SD Codified L § 36-21A-20 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21A - Real Estate Licensing|Section 36-21A-20 - Office of executive director--Records and property maintained.

36-21A-20. Office of executive director--Records and property maintained.The location of the office of the executive director shall be at such places within the state as the commission may designate. The commission shall maintain all of its files, records, and property at the office of the executive director. Source: SL 1992, ch 273, §20.
SD Codified L § 36-21A-21 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21A - Real Estate Licensing|Section 36-21A-21 - Meetings of commission.

36-21A-21. Meetings of commission.The commission shall meet annually and at other times upon call by the executive director, chairperson, or upon a written request of three or more members of the commission. The place of meeting of the commission shall be at the office of the executive director or other places within South Dakota as designated by the commission. Source: SL 1992, ch 273, §21; SL 2013, ch 177, §8.
SD Codified L § 36-21A-22 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21A - Real Estate Licensing|Section 36-21A-22 - Filing or notice to the commission--Date of filing or notice.

36-21A-22. Filing or notice to the commission--Date of filing or notice.Whenever any filing or notice to the commission is provided for, the filing or notice shall be delivered in person or mailed to the commission at its principal place of business. The date of the filing or notice is the date upon which the document is received at the principal place of business of the commission. Source: SL 1992, ch 273, §22.
SD Codified L § 36-21A-23 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21A - Real Estate Licensing|Section 36-21A-23 - Compensation and expenses of commission members.

36-21A-23. Compensation and expenses of commission members.The compensation and reimbursement of expenses provided by law for members of the commission shall be paid from the funds of the commission. Source: SL 1992, ch 273, §23.
SD Codified L § 36-21A-24 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21A - Real Estate Licensing|Section 36-21A-24 - Real estate courses and institutes conducted by commission.

36-21A-24. Real estate courses and institutes conducted by commission.The commission may conduct, hold or assist in conducting or holding real estate courses or institutes, and incur and pay the necessary expenses in connection therewith, which courses or institutes shall be open to the licensees. The commission may charge a reasonable fee for such courses and institutes. Source: SL 1992, ch 273, §24.
SD Codified L § 36-21A-25 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21A - Real Estate Licensing|Section 36-21A-25 - Assistance provided to libraries, licensees, institutes and foundations.

36-21A-25. Assistance provided to libraries, licensees, institutes and foundations.The commission may assist libraries, licensees, institutes and foundations, with financial aid or otherwise, in providing texts, sponsoring studies, surveys and programs for the benefit of the real estate business and the elevation of the real estate business. Source: SL 1992, ch 273, §25.
SD Codified L § 36-21A-26 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21A - Real Estate Licensing|Section 36-21A-26 - List of licensees and other information to be available.

36-21A-26. List of licensees and other information to be available.The executive director of the commission shall make available a list of the names and addresses of all persons licensed by the commission under the provisions of this chapter, together with such other information relative to the enforcement of the provisions of this chapter as the commission determines to be of interest to the public. The commission may charge a reasonable fee to persons who request the list. Source: SL 1992, ch 273, §26; SL 2013, ch 177, §9.
SD Codified L § 36-21A-27 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21A - Real Estate Licensing|Section 36-21A-27 - Licensees not qualified for exceptions.

36-21A-27. Licensees not qualified for exceptions.Any person licensed under this chapter does not qualify for the exceptions set forth in this chapter including any transaction in which that person has a personal interest. Source: SL 1992, ch 273, §27; SL 2013, ch 179, §1.
SD Codified L § 36-21A-28 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21A - Real Estate Licensing|Section 36-21A-28 - Active license required for certain acts.

36-21A-28. Active license required for certain acts.No person, unless exempted under this chapter, may offer, attempt or agree to perform, or perform any act enumerated within this chapter without an active license issued by the commission. No person may collect compensation as a licensee under this chapter without having first complied with the provisions of this chapter. Source: SL 1992, ch 273, §28; SL 2013, ch 177, §10.
SD Codified L § 36-21A-29 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21A - Real Estate Licensing|Section 36-21A-29 - Persons and entities exempt from licensure.

36-21A-29. Persons and entities exempt from licensure.This chapter does not apply to the following:(1)Any person who as a bona fide owner or lessor, performs any of the acts described in §§36-21A-6 and 36-21A-12 with reference to property owned, or leased by the person, or to any regular employees thereof, if such acts are performed in the regular course of, or as an incident to the management of such property or investment in such property;(2)Any public officer while performing the officer's duties;(3)Any person owning and operating a cemetery and selling lots solely for use as burial plots;(4)Any person acting as a receiver, trustee, personal representative, guardian or under court order, or while acting under authority of a deed, trust, or will;(5)Any custodian, janitor, or employee of the owner or manager of a residential building who exhibits a residential unit therein to prospective tenants, accepts applications for leases and furnishes prospective tenants with information relative to the rental of the unit, terms and conditions of leases required by the owner or manager and similar information;(6)Any owner, manager, or employee of a business holding a lodging license while engaging in the lodging business;(7)Any attorney at law, admitted to practice in South Dakota, unless the attorney holds himself or herself out to be in the real estate business or solicits real estate business, in which event the attorney may obtain a real estate license without examination, but the attorney is otherwise subject to the provisions of this chapter;(8)Any bank, bank holding company or subsidiary thereof, credit union, trust company, savings and loan association, public utility, or any land mortgage or farm loan association organized under the laws of this state or the United States, if engaged in the transaction of business within the scope of its corporate powers as provided by law;(9)Any person or company whose business practice is to collect a fee or compensation to publish real estate listings in print, electronic, or other media;(10)Any person holding, in good faith, a duly executed power of attorney from the owner, authorizing the final consummation and execution for the sale, purchase, leasing, or exchange of real property if such acts are not of a recurrent nature and done with the intention of evading this chapter;(11)Any employee of any person enumerated in this section whose principal duties are other than those duties described in §§36-21A-6 and 36-21A-12, if engaged in the specific performance of the employee's duties; and(12)Any person employed or contracted by a licensee to call or take bids in an auction. Source: SL 1992, ch 273, §29; SL 1998, ch 232, §1; SL 2013, ch 179, §2; SL 2018, ch 237, §1; SL 2020, ch 162, § 4.
SD Codified L § 36-21A-30 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21A - Real Estate Licensing|Section 36-21A-30 - Reputation, age, competence, and citizenship required for license--Prior rejection or revocation of license.

36-21A-30. Reputation, age, competence, and citizenship required for license--Prior rejection or revocation of license.A license shall be granted only to persons of reputable character who have attained the age of eighteen years; who are competent to transact the business of a licensee in a manner as to safeguard the interest of the public; and whose application for a license has not been rejected, except for the reason that the applicant failed any examination required by this chapter, in this or any other state within one year prior to the date of application; or whose license has not been revoked in this or any other state within five years prior to date of application. No one except a citizen of the United States of America, or resident of South Dakota, is eligible to secure a license as a broker, except as otherwise provided by this chapter. Source: SL 1992, ch 273, §30.
SD Codified L § 36-21A-30.1 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21A - Real Estate Licensing|Section 36-21A-30.1 - Education requirement for broker associate license applicants.

36-21A-30.1. Education requirement for broker associate license applicants.An applicant for a broker associate license must have completed one hundred sixteen class hours of education in a course of study approved by the commission given by instructors approved by the commission or in an independent study or distance education course approved by the commission. The commission may adopt rules, pursuant to chapter 1-26, to specify requirements for the course, qualifications of an instructor, and criteria for an independent study or distance education course. Source: SL 1996, ch 235, §1; SL 2002, ch 180, §3; SL 2009, ch 186, §1.
SD Codified L § 36-21A-30.2 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21A - Real Estate Licensing|Section 36-21A-30.2 - Education requirements for initial licensure as broker associate.

36-21A-30.2. Education requirements for initial licensure as broker associate.Any broker associate receiving initial licensure as a broker associate after June 30, 2009, shall complete sixty class hours of education in a course of study approved by the commission given by instructors approved by the commission or in an independent study or distance education course approved by the commission. The broker associate shall complete the sixty class hours in prescribed subject matter by the second active renewal deadline with thirty class hours completed during the initial active licensing period and thirty class hours completed during the second active licensing period. The thirty class hours completed during the initial active licensing period and second active licensing period apply towards the continuing education requirements for license renewal. The commission shall promulgate rules, pursuant to chapter 1-26, to specify requirements for the course, qualifications of an instructor, and criteria for an independent study or distance education course. Source: SL 2009, ch 187, §1; SL 2013, ch 177, §11.
SD Codified L § 36-21A-31 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21A - Real Estate Licensing|Section 36-21A-31 - Experience and education required of applicant for responsible broker's license.

36-21A-31. Experience and education required of applicant for responsible broker's license.An applicant for a responsible broker's license shall have served actively for two years as a licensed salesperson or broker associate, or a combination thereof, and shall furnish evidence of completion of fifteen additional class hours beyond the broker associate level in a course approved by the commission given by instructors approved by the commission or in an independent study or distance education course approved by the commission. If the applicant for a responsible broker's license meets all requirements except the fifteen-additional-class-hours requirement, the commission or executive director may approve the applicant for a responsible broker's license if the applicant certifies in writing to furnish the commission with evidence of completion of the fifteen-additional-class-hours requirement within six months of the date of the approval. The commission may adopt rules, pursuant to chapter 1-26, to specify requirements for the course of study. Any person licensed as a broker associate under §36-21A-34.1 shall, in addition to the education requirements of this section, complete the broker examination requirements to qualify as a responsible broker. Any broker licensed prior to July 1, 1996, is exempt from these requirements. Source: SL 1992, ch 273, §31; SL 1996, ch 235, §2; SL 2002, ch 180, §4; SL 2009, ch 181, §1.
SD Codified L § 36-21A-32 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21A - Real Estate Licensing|Section 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-32. Waiver of experience requirement on responsible broker applicant's refusal to associate--Relocation or acceptance of unfair contract not required.If otherwise qualified, the requirement of two years serving as a salesperson or broker associate may be waived if the applicant for a responsible broker's license certifies that the applicant has been refused association as a salesperson or broker associate by at least three licensed responsible brokers within sixty days before the application. The responsible brokers named in the application as having refused to associate shall be contacted by the commission to determine whether the attempt by the salesperson or broker associate to associate was in good faith. If the commission determines that there were not three good faith applications to associate by the salesperson or broker associate with a responsible broker or that the applicant has refused association with a responsible broker, the two-year period may not be waived. No applicant may be forced to relocate in order to associate with a responsible broker. If the applicant's reason for refusing to associate are the terms of the contract with the responsible broker, the applicant's refusal to associate with the responsible broker does not count as a refusal if the commission decides the contract is unfair to the salesperson or broker associate. Source: SL 1992, ch 273, §32; SL 1996, ch 235, §3.
SD Codified L § 36-21A-33 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21A - Real Estate Licensing|Section 36-21A-33 - Denial of application--Reasons.

36-21A-33. Denial of application--Reasons.An application may be denied for any one of the following reasons:(1)The applicant has written insufficient funds checks within the calendar year before application or has written an insufficient funds check for the application;(2)The applicant has been convicted of a felony or of a misdemeanor involving moral turpitude. If the applicant is a firm, a license may be denied if any partner, associate, director, stockholder, officer or responsible broker has been convicted of a felony or of a misdemeanor involving moral turpitude;(3)The applicant has been disciplined by a regulatory agency in relation to activities as a real estate salesperson or broker, broker associate, firm, appraiser, mortgage broker, or any other regulated licensee, including insurance, securities, law and commodities trading;(4)The applicant has failed to satisfy the requirements as provided by this chapter;(5)The applicant has failed the prelicense school examination;(6)The applicant has not met education requirements;(7)The applicant made deliberate misstatements, deliberate omissions, misrepresentations or untruths in the application; or(8)The applicant has a current and unpaid judgment filed against the applicant. Source: SL 1992, ch 273, §33; SL 1993, ch 290; SL 2011, ch 180, §2; SL 2020, ch 162, § 2.
SD Codified L § 36-21A-34.1 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21A - Real Estate Licensing|Section 36-21A-34.1 - Requirements for upgrade to broker associate license.

36-21A-34.1. Requirements for upgrade to broker associate license.An active licensed nonresident real estate salesperson, who establishes residency in South Dakota, shall upgrade to a broker associate license by completing the following before the current license expires: complete forty hours of prescribed education in a course approved by the commission; submit a broker associate license application; and submit the required license application fee.A resident real estate salesperson, whose license is on inactive status and who wishes to be an active licensee, shall upgrade to a broker associate license by completing the following prior to activation: complete forty hours of prescribed education in a course approved by the commission before submitting a broker associate license application; submit a broker associate license application; and submit the required license application fee.The commission shall promulgate rules, pursuant to chapter 1-26, to specify requirements for the course and examination. Source: SL 2002, ch 180, §1; SL 2013, ch 177, §12.
SD Codified L § 36-21A-35 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21A - Real Estate Licensing|Section 36-21A-35 - Application for license--Contents--Oath or affirmation.

36-21A-35. Application for license--Contents--Oath or affirmation.An application for a license shall be in writing upon forms furnished by the commission and shall contain such data and information as the commission may require and shall be verified on oath or affirmation under penalty of perjury. Source: SL 1992, ch 273, §35.