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

SD Codified L § 36-21A-140 (2019) (N/A)

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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.Source: SL 1998, ch 229, § 17.

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

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