South Dakota Codified Laws
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, ยง97.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 36 - Professions and Occupations

Chapter 21A - Real Estate Licensing

Section 36-21A-1 - Definitions.

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

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

Section 36-21A-5 - Association defined.

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

Section 36-21A-7 - Moral turpitude defined.

Section 36-21A-9 - Inactive license defined.

Section 36-21A-10 - Property manager defined.

Section 36-21A-11 - Real estate and realty defined.

Section 36-21A-12 - Real estate salesperson defined.

Section 36-21A-12.1 - Residential rental agent defined--Promulgation of rules for licensing requirements.

Section 36-21A-12.2 - Broker price opinion and comparative market analysis defined.

Section 36-21A-13 - Real estate commission created--Composition.

Section 36-21A-14 - Terms of commission members--Vacancies.

Section 36-21A-15 - Quorum of commission.

Section 36-21A-16 - Commission continued within Department of Labor and Regulation--Records and reports.

Section 36-21A-17 - Seal of commission.

Section 36-21A-18 - Executive director--Duties.

Section 36-21A-19 - Employment of personnel.

Section 36-21A-20 - Office of executive director--Records and property maintained.

Section 36-21A-21 - Meetings of commission.

Section 36-21A-22 - Filing or notice to the commission--Date of filing or notice.

Section 36-21A-23 - Compensation and expenses of commission members.

Section 36-21A-24 - Real estate courses and institutes conducted by commission.

Section 36-21A-25 - Assistance provided to libraries, licensees, institutes and foundations.

Section 36-21A-26 - List of licensees and other information to be available.

Section 36-21A-27 - Licensees not qualified for exceptions.

Section 36-21A-28 - Active license required for certain acts.

Section 36-21A-29 - Persons and entities exempt from licensure.

Section 36-21A-30 - Reputation, age, competence, and citizenship required for license--Prior rejection or revocation of license.

Section 36-21A-30.1 - Education requirement for broker associate license applicants.

Section 36-21A-30.2 - Education requirements for initial licensure as broker associate.

Section 36-21A-31 - Responsible broker's license--Experience and education required.

Section 36-21A-32 - Waiver of experience requirement on responsible broker applicant's refusal to associate--Relocation or acceptance of unfair contract not required.

Section 36-21A-33 - Denial of application--Reasons.

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

Section 36-21A-35 - Application for license--Contents--Oath or affirmation.

Section 36-21A-36 - Written examination--Time and place--Contents.

Section 36-21A-36.1 - Application for license--Time limit.

Section 36-21A-37 - License required for real estate firm.

Section 36-21A-38 - Responsible broker to represent corporation, limited liability company, partnership or association and sign application--Termination of affiliation--Fee.

Section 36-21A-39 - Dissolution of corporation, partnership, limited liability company, or association--Notification.

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

Section 36-21A-43 - Examination reciprocity with other states.

Section 36-21A-44 - Issuance of license to successful applicant--Association with broker--Authority to conduct business.

Section 36-21A-46.1 - Responsible broker, salesperson, or broker associate permitted to form certain business entities--Conditions.

Section 36-21A-47 - Restricted broker's license--Issuance--Termination and prosecution--Promulgation of rules.

Section 36-21A-48 - Exemption from property manager's license for operators of state and federal housing units.

Section 36-21A-49 - Application fee for individual licensure.

Section 36-21A-50 - Conditions for issuing of license or reinstatement after revocation or suspension.

Section 36-21A-52 - Registration of place of business--Change of location.

Section 36-21A-53 - Branch office name.

Section 36-21A-54 - Reciprocal privileges extended to nonresident licensees--Licensees from states not granting full reciprocity.

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.

Section 36-21A-56 - Written notice of change of association--Statement of registration--Salesman placed on inactive status.

Section 36-21A-58 - Renewal of license by salesperson or broker associate not associated with responsible broker--Restrictions on inactive salesperson or broker associate.

Section 36-21A-60 - Additional fees.

Section 36-21A-61 - Biennial registration--Cancellation upon failure to register.

Section 36-21A-62 - Biennial proof by licensees of continuing education--Persons exempt.

Section 36-21A-63 - Approved courses for continuing education--List maintained--Standards.

Section 36-21A-64 - License inactive until proof of continuing education provided.

Section 36-21A-65 - Exceptions to continuing education requirements.

Section 36-21A-66 - Late renewal application--Fee.

Section 36-21A-67 - Licensees entering United States armed forces--Application for reinstatement--Timing and requirements--Waiver of continuing education.

Section 36-21A-68 - Grounds for revocation of license--Criminal prosecution--Setting minimum fees not impaired--Suspension, reprimand, and monetary penalties.

Section 36-21A-69.1 - Responsible broker to surrender associate licenses.

Section 36-21A-70 - Revocation or suspension of firm license following discipline of responsible broker.

Section 36-21A-71 - Acts constituting unprofessional conduct.

Section 36-21A-72 - Restrictions on licensee advertising.

Section 36-21A-74 - Preservation of records.

Section 36-21A-75 - Closing statements to be furnished by brokers.

Section 36-21A-76 - Cobrokerage transaction--Money held in broker's trust account.

Section 36-21A-77 - Purchaser deposits in unconsummated transactions.

Section 36-21A-78 - Substantiation of information in listing agreement--Latent defects.

Section 36-21A-79 - Broker's responsibility for activities of affiliated licensees.

Section 36-21A-80 - Handling of money received by broker for principal.

Section 36-21A-81 - Disbursement pursuant to written agreement of trust funds where purchase agreement does not close.

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.

Section 36-21A-83 - Records kept by broker remitting immediately to principal.

Section 36-21A-84 - Completed transaction required for compensation of broker--Promulgation of rules for exceptions.

Section 36-21A-86 - Procedure on revocation of license--Appeal.

Section 36-21A-87 - Violation of chapter as misdemeanor.

Section 36-21A-88 - Action for compensation of unlicensed persons prohibited.

Section 36-21A-89 - Administration and enforcement of chapter--Promulgation of rules.

Section 36-21A-90 - Promulgation of rules establishing uniform standards of professional appraisal practice.

Section 36-21A-91 - Actions for injunction--Attorney fees and costs.

Section 36-21A-93 - Application for subdivision certificate--Fee--Contents--Additional information.

Section 36-21A-94 - Proof by subdivider of ability to provide promised public improvements--Security.

Section 36-21A-95 - Investigation of application and inspection of out-of-state real estate--Expenses borne by applicant.

Section 36-21A-96 - Designation of executive director of commission as agent for service of process.

Section 36-21A-97 - Issuance of certificate--Annual fee--Cancellation or renewal of certificate--Investigation.

Section 36-21A-98 - Recording of instrument conveying interest in subdivision.

Section 36-21A-99 - Cease and desist orders to prevent subdivision sales provisions violations.

Section 36-21A-100 - Contracts violating subdivision sale provisions void and unenforceable--Recovery of money paid plus interest.

Section 36-21A-101 - Establishment of real estate recovery fund--Purpose.

Section 36-21A-102 - Minimum balance in recovery fund--Separate fee payable to restore minimum balance.

Section 36-21A-103 - Notice to commission of claims against recovery fund--Intervention by commission.

Section 36-21A-104 - Application by unsatisfied judgment creditor for payment of loss from recovery fund--Maximum payment--Service on commission and judgment debtor--Hearing on application for payment--Continuances.

Section 36-21A-105 - Facts to be shown at hearing by applicant for payment from recovery fund.

Section 36-21A-106 - False statement in proceedings against recovery fund as perjury.

Section 36-21A-107 - Burden of proof as to fraud or conversion--Presumption when original action was contested by debtor.

Section 36-21A-108 - Defense by commission of action against recovery fund--Motion for dismissal--Compromise.

Section 36-21A-109 - Defense by judgment debtor in action against recovery fund.

Section 36-21A-110 - Payment from recovery fund ordered only on valid cause of action--Prior judgment only prima facie evidence.

Section 36-21A-111 - Order for payment from recovery fund.

Section 36-21A-112 - Maximum liability of fund for acts of one licensee.

Section 36-21A-113 - Deferred payment of authorized claim--Interest.

Section 36-21A-114 - Suspension of license when payment from fund authorized--Repayment to fund required for reinstatement.

Section 36-21A-115 - Subrogation of fund to rights under judgment paid--Assignment.

Section 36-21A-116 - Other disciplinary powers unimpaired--Effect of repayment to fund.

Section 36-21A-119 - Errors and omissions insurance required of salesmen and brokers.

Section 36-21A-120 - Group insurance coverage authorized--Independent errors and omissions coverage.

Section 36-21A-121 - Commission to determine conditions of errors and omissions coverage.

Section 36-21A-122 - Notice of terms and conditions of errors and omissions--Certificate of coverage.

Section 36-21A-124 - Employment status--Independent contractor.

Section 36-21A-125 - Adverse material fact defined.

Section 36-21A-126 - Brokerage defined.

Section 36-21A-127 - Confidential information defined.

Section 36-21A-128 - Informative acts that do not constitute representation.

Section 36-21A-129 - Substantive contact defined.

Section 36-21A-130 - Agency agreements--Requirements.

Section 36-21A-131 - Licensee--Limited relationships.

Section 36-21A-132 - Duties and obligations of licensee representing seller or landlord.

Section 36-21A-133 - Disclosure of client information by seller's or landlord's agent.

Section 36-21A-134 - Seller's agent has no fiduciary duty to customer.

Section 36-21A-134.1 - No duty to disclose sex offender information.

Section 36-21A-135 - Seller's agent may show other properties.

Section 36-21A-136 - Duties and obligations of licensee representing buyer or tenant.

Section 36-21A-137 - Buyer's or tenant's agent not to disclose certain information without written authority--Exceptions.

Section 36-21A-138 - Buyer's agent has no fiduciary duty to customer.

Section 36-21A-138.1 - No duty to volunteer sex offender information--Actual knowledge must be disclosed upon inquiry.

Section 36-21A-139 - Buyer's agent may show property to competing clients.

Section 36-21A-140 - Licensee as limited agent--Written consent of all parties required--Duties and obligations.

Section 36-21A-141 - Certain information not to be disclosed by limited agent without written consent.

Section 36-21A-141.1 - Appointment of licensee to act as appointed agent of client to exclusion of other licensees--Limited agent--Information--Rules.

Section 36-21A-142 - Limited agent not to disclose certain information about one client to another without written authority--Exceptions.

Section 36-21A-143 - Subagency defined.

Section 36-21A-144 - Transaction broker--Duties and obligations.

Section 36-21A-145 - Transaction broker not responsible for--Independent inspections--Statements by seller--Finances.

Section 36-21A-146 - Certain information not to be disclosed by transaction broker without written consent.

Section 36-21A-147 - Office policies--Relationships--Written disclosure.

Section 36-21A-148 - Client, licensee not liable for misrepresentation made by the other--Exception.

Section 36-21A-149 - Duties under common law.

Section 36-21A-150 - Duties of broker or licensee after transaction finished.

Section 36-21A-151 - Applicants and licensees under disciplinary investigation--Criminal background check.