2 questions

Duties and Powers of the SD Real Estate Commission

Which body licenses and regulates real estate licensees in South Dakota?

  • a.The South Dakota Association of Realtors
  • b.The South Dakota Real Estate Commission within the Department of Labor and Regulation
  • c.The South Dakota Secretary of State
  • d.The South Dakota Banking Division

Real estate licensing in South Dakota is governed by SDCL Chapter 36-21A and administered by the South Dakota Real Estate Commission within the Department of Labor and Regulation. The Commission issues, renews, and disciplines licenses and adopts rules. A trade association such as the South Dakota Association of Realtors is a private membership group with no licensing authority.

Duties and Powers of the SD Real Estate Commission

The South Dakota Real Estate Commission may discipline a licensee by:

  • a.Filing the licensee's income taxes
  • b.Setting the licensee's commission rates
  • c.Imposing fines and suspending or revoking the license for violations such as misrepresentation or mishandling trust money
  • d.Guaranteeing the licensee's sales

The Commission investigates alleged violations and may impose discipline, including fines, suspension, or revocation, for conduct such as misrepresentation, mishandling trust money, or failing to provide a required disclosure. The Commission's authority is regulatory and focused on consumer protection; it does not set commissions or guarantee a licensee's business.

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