reglab/housing_qa huggingface dataset:
SD Codified L § 36-21A-69.1 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21A - Real Estate Licensing|Section 36-21A-69.1 - Responsible broker to surrender associate licenses.

36-21A-69.1. Responsible broker to surrender associate licenses.If the commission suspends or revokes the license of a responsible broker, the responsible broker shall return the licenses of any associate licensee to the commission at the time the order suspending or revoking the broker's license becomes final. Source: SL 2002, ch 182, §1.
SD Codified L § 36-21A-70 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21A - Real Estate Licensing|Section 36-21A-70 - Revocation or suspension of firm license following discipline of responsible broker.

36-21A-70. Revocation or suspension of firm license following discipline of responsible broker.If the commission suspends, revokes, or takes any other action against a responsible broker, the action may apply to the responsible broker's firm and the firm license may be revoked, suspended, or otherwise disciplined. Each licensee shall terminate the licensee's relationship with the disciplined firm if the firm's license has been revoked or suspended. Source: SL 1992, ch 273, §70; SL 2011, ch 180, §8.
SD Codified L § 36-21A-72 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21A - Real Estate Licensing|Section 36-21A-72 - Restrictions on licensee advertising.

36-21A-72. Restrictions on licensee advertising.A licensee who advertises shall comply with the following:(1)Each advertisement shall clearly state the name of the firm with which an individual licensee is associated;(2)Each advertisement of a real estate team shall clearly state the name of the brokerage company the team is affiliated with, shall clearly identify the nonlicensed individuals included in the advertisement, and may not contain language that would lead the public to believe that the team is offering real estate brokerage services independent of the real estate broker;(3)Each advertisement in which a licensee attempts to secure real estate listings or offers to purchase, sell or lease property, or perform any other act for which a license is required under this chapter, shall clearly disclose that the advertised acts or services are being offered by a licensee; and(4)No licensee may make any announcement in any media regarding the sale of property which gives any impression that the property sold for a price other than the actual selling price.Notwithstanding subdivisions (1) to (4), inclusive, of this section, a licensee may advertise in the licensee's individual name an offer to sell or lease property of which the licensee is the owner. The advertisement shall disclose that the owner of the property being sold or leased is a licensee. Source: SL 1992, ch 273, §72; SL 1996, ch 236, §4; SL 1998, ch 236, §1; SL 2019, ch 171, §2.
SD Codified L § 36-21A-74 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21A - Real Estate Licensing|Section 36-21A-74 - Preservation of records.

36-21A-74. Preservation of records.A licensee shall preserve for four years all listings, offers to purchase, closing statements and other records relating to any real estate transaction. Source: SL 1992, ch 273, §74.
SD Codified L § 36-21A-75 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21A - Real Estate Licensing|Section 36-21A-75 - Closing statements to be furnished by brokers.

36-21A-75. Closing statements to be furnished by brokers.The listing broker shall furnish a closing statement to the seller. The selling broker shall furnish a closing statement to the buyer. Source: SL 1992, ch 273, §75; SL 1998, ch 237, §1.
SD Codified L § 36-21A-76 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21A - Real Estate Licensing|Section 36-21A-76 - Cobrokerage transaction--Money held in broker's trust account.

36-21A-76. Cobrokerage transaction--Money held in broker's trust account.Any earnest money paid in a cooperative or cobrokerage transaction shall be held in a broker's trust account unless otherwise agreed to by the buyer and seller. Source: SL 1992, ch 273, §76; SL 2012, ch 195, §1.
SD Codified L § 36-21A-77 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21A - Real Estate Licensing|Section 36-21A-77 - Purchaser deposits in unconsummated transactions.

36-21A-77. Purchaser deposits in unconsummated transactions.If for any reason the seller fails, refuses, neglects or is unable to consummate the transaction as provided in the purchase contract, and through no fault or neglect of the purchaser, the real estate transaction cannot be completed, the broker has no right to any portion of the deposit money which was deposited by the purchaser, even though the commission is earned. This deposit shall be returned to the purchaser at once. Source: SL 1992, ch 273, §77.
SD Codified L § 36-21A-78 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21A - Real Estate Licensing|Section 36-21A-78 - Substantiation of information in listing agreement--Latent defects.

36-21A-78. Substantiation of information in listing agreement--Latent defects.On taking a listing, a licensee shall substantiate that the information taken in the listing agreement is accurate. As far as latent defects are concerned, it is not a violation of this section if the licensee disclosed to the buyer that the listing information or parts of the listing information are solely the representations of the seller. Source: SL 1992, ch 273, §78.
SD Codified L § 36-21A-79 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21A - Real Estate Licensing|Section 36-21A-79 - Broker's responsibility for activities of affiliated licensees.

36-21A-79. Broker's responsibility for activities of affiliated licensees.A responsible broker is responsible for the real estate activities conducted by affiliated licensees, whether as employees or independent contractors. Source: SL 1992, ch 273, §79; SL 2013, ch 177, §29.
SD Codified L § 36-21A-80 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21A - Real Estate Licensing|Section 36-21A-80 - Handling of money received by broker for principal.

36-21A-80. Handling of money received by broker for principal.A responsible broker shall remit immediately to the responsible broker's principal all money received by the responsible broker belonging to the principal unless, by the terms of a written employment contract, the responsible broker is authorized to retain possession of the money until the final settlement and consummation of the transaction. In that event the responsible broker shall deposit the money in a federally insured financial institution in a special trust account on the first legal banking day after the acceptance of the contract. The account shall be reconciled to the bank statements, trust ledger, and check register at least monthly. The money may not be used by the responsible broker except in connection with the transaction as authorized by the principal. Source: SL 1992, ch 273, §80; SL 1996, ch 236, §6; SL 2013, ch 177, §30.
SD Codified L § 36-21A-81 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21A - Real Estate Licensing|Section 36-21A-81 - Disbursement pursuant to written agreement of trust funds where purchase agreement does not close.

36-21A-81. Disbursement pursuant to written agreement of trust funds where purchase agreement does not close.If an accepted offer and agreement to purchase does not close, a broker may not disburse any funds held in trust, relative to such real estate transaction, except pursuant to a written instruction of all parties to the transaction or pursuant to a court order. Source: SL 1992, ch 273, §81; SL 1996, ch 236, §7.
SD Codified L § 36-21A-82 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21A - Real Estate Licensing|Section 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-82. Deposit slip and ledger sheet for special trust account--Records maintained--Notice to commission as to financial institution and name of account.The broker shall at the time of making the deposit make a deposit slip clearly stating the name of the principal for whom it is deposited. In addition, the broker shall maintain in his office an individual ledger sheet for his principal showing the amount deposited in trust and any expenditures therefrom. The ledger sheet, deposit slip and any other record shall be made available for inspection by the commission upon request. The deposit slip and ledger sheet shall be kept as a part of the records of the broker at least four years from the closing of the transaction. A broker shall notify the commission of the name of the financial institution in which the trust account is maintained and also the name of the account on forms provided by the commission. Source: SL 1992, ch 273, §82.
SD Codified L § 36-21A-83 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21A - Real Estate Licensing|Section 36-21A-83 - Records kept by broker remitting immediately to principal.

36-21A-83. Records kept by broker remitting immediately to principal.A responsible broker who remits immediately to the principal all money received by the responsible broker belonging to the principal without using a trust account shall maintain for at least four years the records that completely disclose all financial dealings between the principal and the responsible broker. Source: SL 1992, ch 273, §83; SL 2013, ch 177, §31.
SD Codified L § 36-21A-84 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21A - Real Estate Licensing|Section 36-21A-84 - Completed transaction required for compensation of broker--Promulgation of rules for exceptions.

36-21A-84. Completed transaction required for compensation of broker--Promulgation of rules for exceptions.No responsible broker is entitled to any part of the money paid to the responsible broker in any transaction as part of the responsible broker's compensation until the transaction has been consummated or terminated. The commission may promulgate rules, pursuant to chapter 1-26, to make reasonable exceptions to this section. Source: SL 1992, ch 273, §84; SL 2013, ch 177, §32.
SD Codified L § 36-21A-86 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21A - Real Estate Licensing|Section 36-21A-86 - Procedure on revocation of license--Appeal.

36-21A-86. Procedure on revocation of license--Appeal.No license may be revoked except in compliance with chapter 1-26. An appeal from the decision of the commission may be taken as provided by chapter 1-26. Source: SL 1992, ch 273, §86.
SD Codified L § 36-21A-87 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21A - Real Estate Licensing|Section 36-21A-87 - Violation of chapter as misdemeanor.

36-21A-87. Violation of chapter as misdemeanor.Unless punishable under Title 22, a person violating any of the provisions of this chapter is guilty of a Class 1 misdemeanor. Source: SL 1992, ch 273, §87.
SD Codified L § 36-21A-88 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21A - Real Estate Licensing|Section 36-21A-88 - Action for compensation of unlicensed persons prohibited.

36-21A-88. Action for compensation of unlicensed persons prohibited.No action or suit may be instituted, nor recovery be had, in any court of this state by a person for compensation for an act done or service rendered, the doing or rendering of which is prohibited under the provisions of this chapter, to other than persons licensed under this chapter, unless such person was licensed under this chapter at the time of offering to perform the act or service or procuring a promise to contract for the payment of compensation for the contemplated act or service. Source: SL 1992, ch 273, §88; SL 1996, ch 236, §8.
SD Codified L § 36-21A-89 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21A - Real Estate Licensing|Section 36-21A-89 - Administration and enforcement of chapter--Promulgation of rules.

36-21A-89. Administration and enforcement of chapter--Promulgation of rules. The commission may promulgate rules pursuant to chapter 1-26 relating to the administration and enforcement of the provisions of this chapter in the following areas:(1)Procedures for conducting the commission's business;(2)Procedures and qualifications for application, minimum requirements for examination, procedures for the examination and the administration of the examination, the required score for passing the examination, and procedures for replacement of a license;(3)Requirements for dividing a commission with a broker in another state, requirements for application for licensure by reciprocity and the practice of a nonresident licensee in the state;(4)Procedures for application to provide classroom instruction or correspondence work for prelicensing education, qualifications of the instructors and facilities, and procedures for approving classroom instruction and correspondence work and for withdrawing the approval;(5)Requirements for a real estate auction, use of unlicensed persons to call or take bids, and the requirements, duties and responsibilities of an auctioneer;(6)Requirements for mortgage brokers, including areas such as trust accounts, record-keeping, written contracts, full disclosure and restrictions on chargeable costs and expenses;(7)Requirements for continuing education including procedures for granting a certificate of accreditation; notification of a material change in an approved course offering; suspension, revocation and denial of course approval; notice to students regarding the course and opportunity for comment; auditing; certificates of attendance; preregistration and limits on correspondence courses;(8)Requirements for property managers, including areas such as trust accounts, auditing, contracts, disclosure, disciplinary matters, financial obligations and records, and property management accounting; and(9)Requirements for establishing and maintaining teams and the requirements, duties, and responsibilities of team leaders. Source: SL 1992, ch 273, §89; SL 1993, ch 292; SL 2012, ch 252, §1; SL 2019, ch 171, §3; SL 2020, ch 162, § 5; SL 2021, ch 168, § 33.
SD Codified L § 36-21A-90 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21A - Real Estate Licensing|Section 36-21A-90 - Promulgation of rules establishing uniform standards of professional appraisal practice.

36-21A-90. Promulgation of rules establishing uniform standards of professional appraisal practice.The commission may promulgate rules pursuant to chapter 1-26 establishing uniform standards of professional appraisal practice. Source: SL 1992, ch 273, §90.
SD Codified L § 36-21A-91 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21A - Real Estate Licensing|Section 36-21A-91 - Actions for injunction--Attorney fees and costs.

36-21A-91. Actions for injunction--Attorney fees and costs.The commission may commence actions for injunction for unprofessional conduct or, as an alternate to criminal proceedings, for violation of this chapter, chapters 43-15A and 43-15B or rules promulgated pursuant thereto. The commencement of one proceeding by the commission constitutes an election. The commission may also commence actions for injunctions against any person or entity that engages in the practice of real estate pursuant to this chapter without a license issued by the commission. In any action where an injunction is granted, the court shall award the commission attorney fees and costs of the investigation and proceedings. Source: SL 1992, ch 273, §91; SL 2011, ch 181, §1.
SD Codified L § 36-21A-94 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21A - Real Estate Licensing|Section 36-21A-94 - Proof by subdivider of ability to provide promised public improvements--Security.

36-21A-94. Proof by subdivider of ability to provide promised public improvements--Security.No application may be approved by the commission unless the subdivider offers satisfactory proof of his ability to provide promised public improvements including water, sewer, gas and streets. Satisfactory proof shall be in the form of performance bonds or other security. Source: SL 1992, ch 273, §94.
SD Codified L § 36-21A-95 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21A - Real Estate Licensing|Section 36-21A-95 - Investigation of application and inspection of out-of-state real estate--Expenses borne by applicant.

36-21A-95. Investigation of application and inspection of out-of-state real estate--Expenses borne by applicant.The commission shall thoroughly investigate all matters relating to the application and may require a personal inspection of the real estate by a person or persons designated by it. All expenses incurred by the commission in investigating the real estate and its proposed sale in this state shall be borne by the applicant and the commission shall require a deposit sufficient to cover such expenses before the investigation. Source: SL 1992, ch 273, §95.
SD Codified L § 36-21A-96 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21A - Real Estate Licensing|Section 36-21A-96 - Designation of executive director of commission as agent for service of process.

36-21A-96. Designation of executive director of commission as agent for service of process.Before the approval of an application, the applicant shall file with the commission a designation in writing that appoints the executive director of the commission to act as the applicant's agent, upon whom all judicial and other process or legal notices directed to the applicant may be served. Service upon the designated agent is personal service upon the applicant. Copies of the appointment, certified by the executive director of the commission, are sufficient evidence thereof and shall be admitted into evidence with the same force and effect as the original. In the written designation, the applicant shall agree that any lawful process against the applicant, which is served upon the agent, shall be of the same legal force and validity as if served upon the applicant and that the authority shall continue in force so long as any liability remains outstanding in this state. Source: SL 1992, ch 273, §96.
SD Codified L § 36-21A-97 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21A - Real Estate Licensing|Section 36-21A-97 - Issuance of certificate--Annual fee--Cancellation or renewal of certificate--Investigation.

36-21A-97. Issuance of certificate--Annual fee--Cancellation or renewal of certificate--Investigation.If the application is approved, the commission shall issue a certificate of registration to the applicant. After issuance of a certificate, an annual fee of fifty dollars plus ten dollars for each one hundred lots or fraction thereof computed on the number of lots in the original application shall be due and payable on or before January first of each year. Failure to remit annual fees when due shall automatically cancel the certificate. The certificate may remain valid if the commission determines from satisfactory investigation that the certificate should be renewed. Before issuing the renewal certificate each year, the certificate holder shall furnish to the commission information as may be requested by the commission. If an investigation is required, the cost of making the investigation shall be paid by the certificate holder in advance. Source: SL 1992, ch 273, §97.
SD Codified L § 36-21A-98 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21A - Real Estate Licensing|Section 36-21A-98 - Recording of instrument conveying interest in subdivision.

36-21A-98. Recording of instrument conveying interest in subdivision.An instrument conveying an interest in the subdivided real estate shall be in recordable form and the subdivider or buyer may record such instrument in the county where the real estate is located and in the office where deeds are recorded. Source: SL 1992, ch 273, §98.
SD Codified L § 36-21A-99 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21A - Real Estate Licensing|Section 36-21A-99 - Cease and desist orders to prevent subdivision sales provisions violations.

36-21A-99. Cease and desist orders to prevent subdivision sales provisions violations.The executive director, with the consent of the commission, may issue a cease and desist order upon determination that the provisions of §§36-21A-93 to 36-21A-98, inclusive, have been or are about to be violated. Source: SL 1992, ch 273, §99.
SD Codified L § 36-21A-100 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21A - Real Estate Licensing|Section 36-21A-100 - Contracts violating subdivision sale provisions void and unenforceable--Recovery of money paid plus interest.

36-21A-100. Contracts violating subdivision sale provisions void and unenforceable--Recovery of money paid plus interest.Failure to comply with the provisions of §§36-21A-93 to 36-21A-98, inclusive, make any contract entered into in this state void and unenforceable. Money paid under that contract to the certificate holder, together with interest at the Category A rate of interest as established in §54-3-16 from date of the payment, may be recovered in a civil action. Source: SL 1992, ch 273, §100.
SD Codified L § 36-21A-101 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21A - Real Estate Licensing|Section 36-21A-101 - Establishment of real estate recovery fund--Purpose.

36-21A-101. Establishment of real estate recovery fund--Purpose.The commission shall establish and maintain a real estate recovery fund, which shall be used to provide a source for payment of unsatisfied judgments obtained by persons aggrieved by the acts of a person licensed under this chapter. The commission shall maintain one hundred thousand dollars in the fund to be used strictly for the purpose of recovery of unsatisfied judgments against licensees. The moneys deposited in the fund shall be invested by the commission by establishing an account with the state investment council pursuant to chapter 4-5, and all interest and profits derived from such investment, if the fund exceeds one hundred thousand dollars, shall be transferred to the commission's general fund. The interest and profits shall be retained in the fund until its total reaches one hundred thousand dollars. Source: SL 1992, ch 273, §101.
SD Codified L § 36-21A-102 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21A - Real Estate Licensing|Section 36-21A-102 - Minimum balance in recovery fund--Separate fee payable to restore minimum balance.

36-21A-102. Minimum balance in recovery fund--Separate fee payable to restore minimum balance.If at the end of any calendar year the amount remaining in the real estate recovery fund is less than one hundred thousand dollars, every person registering pursuant to this chapter shall pay, in addition to the biennial registration fee, a separate fee in an amount declared sufficient by the commission to restore the balance in the fund to at least one hundred thousand dollars. Source: SL 1992, ch 273, §102.