reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 21A - Real Estate Licensing › Section 36-21A-31 - Responsible broker's license--Experience and education required.

36-21A-31. Responsible broker's license--Experience and education required.
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 twenty-four additional class hours beyond the broker associate level in a course approved by the commission and 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 requirement for twenty-four additional class hours, the commission or executive director may approve the applicant for a responsible broker's license, conditioned on the applicant furnishing the commission with evidence of completion of the twenty-four additional class hours 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; SL 2022, ch 151, §1, eff. Jan. 1, 2023.
2023 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.
2023 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, auctioneer, 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; SL 2023, ch 138, §2.
2023 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.
2023 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.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 21A - Real Estate Licensing › Section 36-21A-36 - Written examination--Time and place--Contents.

36-21A-36. Written examination--Time and place--Contents.
An applicant for a license shall submit to a written examination to be conducted by the commission at such times and places as it may direct. The commission shall determine the contents of the examination.
Source:
SL 1992, ch 273, §36.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 21A - Real Estate Licensing › Section 36-21A-36.1 - Application for license--Time limit.

36-21A-36.1. Application for license--Time limit.
Upon notification in writing that the person has passed the examination, the person shall file the appropriate application for license with all the required documents to the commission within sixty days of the notice date. If the person fails to file an application and proof of required education within the sixty-day period, the person's registration and all rights deriving from a passing score are canceled.
Source:
SL 1998, ch 233, §3; SL 2013, ch 177, §14.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 21A - Real Estate Licensing › Section 36-21A-37 - License required for real estate firm.

36-21A-37. License required for real estate firm.
No partnership, association, limited liability company, or corporation may perform the services of a real estate broker as described in §36-21A-6, nor may a licensee associate or work for any partnership, association, limited liability company, or corporation performing any services described in §36-21A-6, until such time as the partnership, association, limited liability company, or corporation is licensed by the commission.
Source:
SL 1992, ch 273, §37; SL 1996, ch 236, §2.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 21A - Real Estate Licensing › Section 36-21A-38 - Responsible broker to represent corporation, limited liability company, partnership or association and sign application--Termination of affiliation--Fee.

36-21A-38. Responsible broker to represent corporation, limited liability company, partnership or association and sign application--Termination of affiliation--Fee.
No license may be granted to a corporation, limited liability company, partnership or association, unless the corporation, limited liability company, partnership, or association designates a responsible broker who will represent the corporation, limited liability company, partnership, or association. A nonlicensed individual may have an ownership interest in any corporation, limited liability company, partnership, or association through which a responsible broker engages in professional real estate activity. However, no nonlicensed individual may control or supervise the professional real estate activity of any real estate licensee associated with the firm. No nonlicensed individual may have any ownership interest in a sole proprietorship that engages in professional real estate activity. The responsible broker shall sign the application for the license. Upon the termination of a responsible broker's affiliation with the firm, the firm shall name a new responsible broker and notify the commission in writing. The application fee for a firm license shall be set out by rule, promulgated by the commission pursuant to chapter 1-26, and may not exceed one hundred dollars.
Source:
SL 1992, ch 273, §38; SL 1994, ch 351, §80A; SL 2008, ch 191, §44; SL 2011, ch 180, §3.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 21A - Real Estate Licensing › Section 36-21A-39 - Dissolution of corporation, partnership, limited liability company, or association--Notification.

36-21A-39. Dissolution of corporation, partnership, limited liability company, or association--Notification.
Upon dissolution of a corporation, partnership, limited liability company, or association, the responsible broker shall notify the commission within ten days by mail or e-mail.
Source: SL 1992, ch 273, §39; SL 1996, ch 236, §3; SL 2011, ch 180, §4; SL 2022, ch 152, §1.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 21A - Real Estate Licensing › Section 36-21A-41 - Qualification by examination required.

36-21A-41. Qualification by examination required.
No person may be licensed until qualified by examination, except as otherwise provided by this chapter.
Source:
SL 1992, ch 273, §41; SL 1998, ch 233, §1.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 21A - Real Estate Licensing › Section 36-21A-43 - Examination reciprocity with other states.

36-21A-43. Examination reciprocity with other states.
An applicant who holds an active license in another state and who has successfully passed the real estate licensing examination in that same state may obtain a similar level of licensure in South Dakota if the applicant successfully passes the state portion of the examination in South Dakota.
Source:
SL 1992, ch 273, §43; SL 1998, ch 233, §4; SL 2013, ch 177, §15.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 21A - Real Estate Licensing › Section 36-21A-44 - Issuance of license to successful applicant--Association with broker--Authority to conduct business.

36-21A-44. Issuance of license to successful applicant--Association with broker--Authority to conduct business.
Upon passing the examination and completion of the other requirements, a license shall be issued to the successful applicant. Upon receiving the license and associating with a broker, he may conduct the business authorized by the license.
Source:
SL 1992, ch 273, §44.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 21A - Real Estate Licensing › Section 36-21A-46.1 - Responsible broker, salesperson, or broker associate permitted to form certain business entities--Conditions.

36-21A-46.1. Responsible broker, salesperson, or broker associate permitted to form certain business entities--Conditions.
A responsible broker may, or a real estate salesperson or broker associate employed by or otherwise associated with a responsible broker may, form a business corporation or limited liability company under the following conditions:
(1)The business corporation or limited liability company does not engage in real estate transactions as a third-party agent or in any other capacity requiring a license under this chapter;
(2)The business corporation or limited liability company does not advertise or otherwise hold itself out as a real estate brokerage company;
(3)The responsible broker is not relieved of any obligation to supervise the employed or associated licensee or any other requirement of this chapter or the rules promulgated pursuant to this chapter;
(4)The employed or associated licensee is not relieved of any personal liability for any licensed activities by interposing the corporate or limited liability form;
(5)The business corporation or limited liability company is owned solely by a broker, a salesperson, or by that licensee and that licensee's spouse, or by that licensee and other licensees within the same firm as that licensee; and
(6)The business corporation or limited liability company is approved by and registered with the commission. The registration fee for an approved business corporation or limited liability company shall be established by rule promulgated pursuant to chapter 1-26. The fee may not exceed one hundred dollars.
Source:
SL 2001, ch 205, §1; SL 2006, ch 199, §1; SL 2009, ch 188, §1; SL 2013, ch 177, §17.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 21A - Real Estate Licensing › Section 36-21A-47 - Restricted broker's license--Issuance--Termination and prosecution--Promulgation of rules.

36-21A-47. Restricted broker's license--Issuance--Termination and prosecution--Promulgation of rules.
The commission may promulgate rules pursuant to chapter 1-26 to provide for the issuance of a restricted broker's license to auctioneers, property managers, mortgage brokers, or time-share or residential-rental agents. The licensee may perform only those duties specified by the license. If the licensee exceeds the authority granted, the license may be terminated and criminal proceedings brought against the licensee.
Source: SL 1992, ch 273, §47; SL 2013, ch 177, §18; SL 2020, ch 162, §3; SL 2023, ch 138, §3.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 21A - Real Estate Licensing › Section 36-21A-48 - Exemption from property manager's license for operators of state and federal housing units.

36-21A-48. Exemption from property manager's license for operators of state and federal housing units.
A person who has contracted with the South Dakota Housing Development Authority or the United States to operate housing units or has contracted with the United States in a subsidy program on behalf of the tenants is exempt from obtaining a property manager's license to manage those properties.
Source:
SL 1992, ch 273, §48.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 21A - Real Estate Licensing › Section 36-21A-49 - Application fee for individual licensure.

36-21A-49. Application fee for individual licensure.
The commission shall set, by rule promulgated pursuant to chapter 1-26, an application fee not to exceed four hundred dollars. This fee shall accompany an application for individual licensure.
Source:
SL 1992, ch 273, §49; SL 1998, ch 233, §5; SL 2002, ch 181, §1; SL 2013, ch 177, §19.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 21A - Real Estate Licensing › Section 36-21A-50 - Conditions for issuing of license or reinstatement after revocation or suspension.

36-21A-50. Conditions for issuing of license or reinstatement after revocation or suspension.
The commission may require a person whose license was revoked or suspended to meet and perform certain conditions before issuing or reinstating a license to that person. Such conditions may include the following:
(1)Restitution of moneys;
(2)Restitution of property;
(3)Periodic reports to the commission;
(4)Fines, costs, and monetary penalties.
Source:
SL 1992, ch 273, §50.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 21A - Real Estate Licensing › Section 36-21A-52 - Registration of place of business--Change of location.

36-21A-52. Registration of place of business--Change of location.
Each person licensed under this chapter shall register the following place of business with the commission:
(1)For a broker associate or real estate salesperson, the licensee's responsible broker's place of business; or
(2)For a responsible broker or restricted broker, the licensee's main place of business, where the commission may send official communication.
In case of removal from the registered address, the licensee and responsible broker shall give written notice to the commission before the removal or within ten days after removal. If a licensee fails to register a new place of business, the commission must place the licensee on inactive status.
Source: SL 1992, ch 273, §52; SL 2013, ch 190, §1; SL 2022, ch 152, §2.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 21A - Real Estate Licensing › Section 36-21A-54 - Reciprocal privileges extended to nonresident licensees--Licensees from states not granting full reciprocity.

36-21A-54. Reciprocal privileges extended to nonresident licensees--Licensees from states not granting full reciprocity.
No nonresident licensee regularly engaged in the real estate business as a vocation, who maintains a definite place of business and is licensed by a state which offers the same privileges to licensees of this state, may be required to maintain a place of business within this state. The commission shall recognize the license issued by another state as qualification for a license in South Dakota. A licensee from a state that does not grant full reciprocity to licensees from South Dakota shall, in order to be licensed in South Dakota, meet the same requirements that the licensees' state requires of South Dakota licensees. The commission may adopt rules pursuant to chapter 1-26 to implement this section.
Source:
SL 1992, ch 273, §54; SL 2002, ch 181, §2.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 21A - Real Estate Licensing › Section 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-55. Transaction of business subjects nonresidents to personal jurisdiction--Service of process--Delivery of copy of process or pleading to executive director.
The holding of a license issued under the provisions of this chapter or participating in a transaction for which a license is required by this chapter is the transaction of business within the state, and a nonresident licensee or unlicensed person so defined is subject to the personal jurisdiction of the courts of this state as provided by §15-7-2.
Service of process shall be made upon corporate licensees as provided by chapter 59-11 and otherwise as provided by chapter 15-6.
Any person licensed under this chapter shall deliver a copy of any process or pleading to which that licensee is a party to the executive director of the commission within ten days of its being served by or upon him. Failure to file with the executive director is not jurisdictional in any action to which a licensee under this chapter may be a party.
Source:
SL 1992, ch 273, §55; SL 2005, ch 202, §1; SL 2018, ch 236, §2.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 21A - Real Estate Licensing › Section 36-21A-56 - Written notice of change of association--Statement of registration--Salesman placed on inactive status.

36-21A-56. Written notice of change of association--Statement of registration--Salesman placed on inactive status.
A licensee shall give written notice to the commission of a change of association and of the name of the licensed broker or firm with whom he is about to associate. The broker or firm with whom the licensee was associated and the broker and firm with whom the licensee is about to be associated shall also give written notice to the commission. The commission shall issue a statement of registration to the licensee. The commission shall place a salesman on inactive status until he is registered as being associated with another broker or firm.
Source:
SL 1992, ch 273, §56.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 21A - Real Estate Licensing › Section 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-58. Renewal of license by salesperson or broker associate not associated with responsible broker--Restrictions on inactive salesperson or broker associate.
A salesperson or broker associate who is not associated with a responsible broker may renew the license by submitting the renewal fee, together with the completed renewal application on which the licensee has noted inactive status. An inactive salesperson or broker associate whose license has been renewed may not engage in the real estate business until the licensee secures a new responsible broker.
Source:
SL 1992, ch 273, §58; SL 1998, ch 234, §4; SL 2011, ch 180, §7.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 21A - Real Estate Licensing › Section 36-21A-60 - Additional fees.

36-21A-60. Additional fees.
Fees include the following:
(1)Certificate of licensee, a fee not to exceed fifteen dollars;
(2)For each additional office or place of business, a biennial fee not to exceed thirty dollars;
(3)For each change of office or place of business, a fee not to exceed fifteen dollars;
(4)For each statement of registration of change of association, a fee not to exceed fifteen dollars; and
(5)For each duplicate license, if the original license is lost or destroyed and affidavit made thereof, a fee not to exceed fifteen dollars.
Fees shall be set by the commission by rules promulgated pursuant to chapter 1-26.
Source:
SL 1992, ch 273, §60; SL 2008, ch 191, §45.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 21A - Real Estate Licensing › Section 36-21A-61 - Biennial registration--Cancellation upon failure to register.

36-21A-61. Biennial registration--Cancellation upon failure to register.
A licensee, either active or inactive, shall register every two years with the commission and pay a fee set by rule promulgated by the commission pursuant to chapter 1-26 not to exceed two hundred dollars. The application for renewal of a license shall be made to the commission by November thirtieth of the year the current license expires. Failure of a person or firm to register results in the expiration of the license on December thirty-first.
Source:
SL 1992, ch 273, §61; SL 1994, ch 306, §1; SL 2002, ch 181, §3; SL 2008, ch 191, §46; SL 2013, ch 177, §23.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 21A - Real Estate Licensing › Section 36-21A-62 - Biennial proof by licensees of continuing education--Persons exempt.

36-21A-62. Biennial proof by licensees of continuing education--Persons exempt.
An individual licensee shall provide to the commission proof of participation in the following required number of hours of approved continuing education in the preceding two-year period:
(1)Responsible broker, broker associate, salesperson, auctioneer, or property manager: not less than twenty-four hours; or
(2)Residential rental agent: not less than twelve hours.
Attorneys licensed in South Dakota and time-share agents are exempt from this section.
Source:
SL 1992, ch 273, §62; SL 2013, ch 177, §24.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 21A - Real Estate Licensing › Section 36-21A-63 - Approved courses for continuing education--List maintained--Standards.

36-21A-63. Approved courses for continuing education--List maintained--Standards.
The commission may accept attendance at approved lectures, seminars or courses as continuing education. The commission shall maintain a current list of approved sessions or courses of instruction. The commission shall, by rule promulgate pursuant to chapter 1-26, set standards and fees for the approval of seminars or courses as continuing education.
Source:
SL 1992, ch 273, §63.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 21A - Real Estate Licensing › Section 36-21A-64 - License inactive until proof of continuing education provided.

36-21A-64. License inactive until proof of continuing education provided.
An individual licensee who submits a renewal registration application but does not provide proof of continuing education, as required by §36-21A-62, shall be an inactive licensee until proof of such continuing education has been provided to the commission.
Source:
SL 1992, ch 273, §64; SL 2013, ch 177, §25.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 21A - Real Estate Licensing › Section 36-21A-65 - Exceptions to continuing education requirements.

36-21A-65. Exceptions to continuing education requirements.
The commission may make exception from continuing education requirements for licensees not engaged in public practice, or for reasons of health, military service or other good cause. However, if such licensee returns to public practice, he shall meet such continuing education requirements as the commission may determine.
Source:
SL 1992, ch 273, §65.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 21A - Real Estate Licensing › Section 36-21A-66 - Late renewal application--Fee.

36-21A-66. Late renewal application--Fee.
A licensee who fails to meet the renewal requirements of §36-21A-61 may file a late registration application and pay a late registration fee in an amount not to exceed twenty dollars for each month or fraction of a month that has passed since November thirtieth. The fee shall be set by the commission by rule promulgated pursuant to chapter 1-26. No late application may be accepted by the commission after June thirtieth. A licensee may not perform any of the actions enumerated within this chapter prior to the commission renewing the license.
Source:
SL 1992, ch 273, §66; SL 1994, ch 306, §2; SL 2008, ch 191, §47; SL 2013, ch 177, §26.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 21A - Real Estate Licensing › Section 36-21A-67 - Licensees entering United States armed forces--Application for reinstatement--Timing and requirements--Waiver of continuing education.

36-21A-67. Licensees entering United States armed forces--Application for reinstatement--Timing and requirements--Waiver of continuing education.
Any person licensed under this chapter, entering the United States armed forces and whose registration under §36-21A-61 lapses during his service, may be reinstated to his license, without examination, upon his separation from the armed forces other than by dishonorable discharge. The application for reinstatement shall be made within six months of the separation and shall be accompanied by a copy of a discharge or papers of separation. Continuing education hours that accrue during the time that a licensee was in the armed forces may be waived. The commission may adopt rules pursuant to chapter 1-26 to provide for certification of eligibility, waiver of continuing education and administration.
Source:
SL 1992, ch 273, §67.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 21A - Real Estate Licensing › Section 36-21A-68 - Grounds for revocation of license--Criminal prosecution--Setting minimum fees not impaired--Suspension, reprimand, and monetary penalties.

36-21A-68. Grounds for revocation of license--Criminal prosecution--Setting minimum fees not impaired--Suspension, reprimand, and monetary penalties.
A license issued under this chapter may be revoked by the commission upon proof of unprofessional conduct on the part of the licensee. For the purposes of this chapter, the term unprofessional conduct does not impair the right of a licensee to set minimum fees chargeable for his services. Unprofessional conduct is not the basis for criminal prosecution unless otherwise declared unlawful. The commission may also impose a suspension, reprimand, or a monetary penalty not to exceed two thousand five hundred dollars, or a combination of revocation, suspension, reprimand or monetary penalty. Any moneys collected from the monetary penalty shall be deposited into the fund of the commission.
Source:
SL 1992, ch 273, §68.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 21A - Real Estate Licensing › Section 36-21A-76 - Co-brokerage 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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, and 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, and the requirements, duties and responsibilities of an auctioneer;
(6)Requirements for mortgage brokers, including 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 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; SL 2023, ch 138, §5.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.