S.D. Codified Laws § 36-21A-140

Current through the 2024 Legislative Session
Section 36-21A-140 - Licensee as limited agent-Written consent of all parties required-Duties and obligations

A licensee may act as a limited agent only with the informed written consent of all parties to the transaction. A limited agent is an agent for both the seller and the buyer and has the following duties and obligations:

(1) To perform the terms of any written agreement made with the client;
(2) To exercise reasonable skill and care for the client;
(3) To present all written offers to and from the client in a timely manner regardless of whether the client is already a party to a contract to purchase property or is already a party to a contract or a letter of intent to lease;
(4) To disclose to the client adverse material facts known by the licensee;
(5) To advise the client to obtain expert advice as to material matters about which the licensee knows but the specifics of which are beyond the expertise of the licensee;
(6) To account in a timely manner for all money and property received; and
(7) To comply with any applicable federal, state, and local laws, rules, regulations, and ordinances, including fair housing and civil rights statutes or regulations.

SDCL 36-21A-140

SL 1998, ch 229, §17.