http://www.state.sd.us/sdrec/
The real estate commission is a regulatory body charged with administering the real estate licensing act, the timeshare act, the condominium act, and the subdivision act. The mission of the real estate commission is to protect the interest of the public when engaged in a real estate transaction. It is the commission's responsibility to enforce standards for education, licensing, and practice of real estate brokers, salespersons, auctioneers, property managers, residential rental agents, timeshare agents and home inspectors, and for registration of condominium, timeshare, and subdivision projects.
It is becoming an increasingly common practice to hire unlicensed assistants to perform routine tasks involved in real estate transactions. The commission frequently receives requests for information on what unlicensed employees may or may not do. The following list, while not exhaustive, is intended to provide guidance for brokers and salespeople who hire unlicensed personal assistants, as well as for unlicensed office personnel.
Show property to prospective buyers.
Solicit by telephone or in person potential sellers, purchasers, tenants or landlords.
Answer questions on title insurance, financing or closings.
Host open houses for licensees or the public, or staff booths at home shows or fairs.
Give additional information not included in prepared written promotional material that has been distributed to the public.
Represent themself as an agent for a real estate broker or the owner/seller of a property.
Negotiate or discuss the terms of a sale.
Be paid on the basis of real estate activity, such as a percentage of commission, or any amount based on listings, sales, etc.
Act as a go-between with a seller and buyer.
Answer questions concerning properties listed with the firm, except to confirm that the property is listed and identify the listing broker or salesperson.
Solicit bidders for real estate sold at auction.
The South Dakota Real Estate Commission is charged with the responsibility of investigating complaints, which are brought to its attention involving real estate licensees, whereby misconduct is alleged. The Commission’s jurisdiction is over the license of the licensees involved in the complaint. The Commission may not force a licensee to specifically perform under the terms of a contract, nor may it recover damages. The complainant must file a civil action in order to seek specific performance or damages. If the dispute involves $8,000 or less, the matter may be settled in Small Claims Court.
The South Dakota Real Estate Commission furnishes the complaint forms to the person registering the complaint. All complaints must be in writing in order for the Commission to investigate. The complaint must have a clear and concise statement of the facts, with supporting documentation. When a complaint is filed against a licensee, a copy of the complaint is forwarded to the licensee. The licensee must file an answer on forms furnished by the Commission within 20 days from receipt of the complaint. This answer must be in written affidavit form, be properly certified, and contain the licensee’s factual response.
The licensee’s response is filed with the Commission. A copy of the licensee’s answer is forwarded to the person registering the complaint, and the Commission’s staff investigates the matter. Priority of investigation is normally based on the date of receipt of the complaint.
