Agency Relationships in South Dakota
South Dakota requires an agency-relationship disclosure and recognizes single agency, limited (dual) agency, and appointed agents. This chapter explains the disclosure and the duties licensees owe.
Agency Disclosure
South Dakota licensees must disclose the brokerage relationship to a consumer before confidential information is shared, generally at the outset of the working relationship. The disclosure identifies whether the licensee is acting as the agent of the seller, the agent of the buyer, or as a limited agent, so the consumer understands who is being represented.
Single Agency Duties
A licensee who represents a seller or a buyer as a single agent owes that client duties including loyalty, confidentiality, obedience to lawful instructions, disclosure, accounting, and reasonable care. To the other party the licensee still owes honesty and fair dealing and must disclose known material defects in the property. These duties apply throughout the transaction.
Limited Agency and Appointed Agents
When a brokerage represents both the buyer and the seller in the same transaction, South Dakota treats this as limited (dual) agency, which requires the informed written consent of both parties; the limited agent may not disclose one party's confidential information to the other. The responsible broker may also appoint different affiliated licensees to work with the buyer and the seller so each client receives individual service.
State-specific details
State exam facts
- State regulator
- South Dakota Real Estate Commission (SDREC)
- Prelicensing education
- 116 hours of approved broker associate pre-license education
How many prelicensing hours does South Dakota require to become a real estate agent?
South Dakota requires 116 hours of Commission-approved pre-licensing education for the broker associate license (the state's entry-level license), covering national principles and South Dakota law and practice.
Who licenses real estate agents in South Dakota?
The South Dakota Real Estate Commission (SDREC), within the Department of Labor and Regulation, licenses broker associates and responsible brokers. South Dakota's entry-level license is called a 'Broker Associate' (what most states call a salesperson).
How is the South Dakota broker associate exam structured?
The South Dakota exam has a national portion and a South Dakota state portion, each scored separately; you must pass both. Confirm the current exam vendor, scored-question counts, and passing score on the SDREC website.
Sources: https://dlr.sd.gov/realestate/approved_prelicensing_education.aspx, https://dlr.sd.gov/realestate/
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