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South Dakota · Agency disclosureSouth Dakota agency disclosure: the written disclosure at first substantive contact and written agency agreements

Every South Dakota responsible broker keeps a written office policy on the agency and brokerage relationships it offers, and at the first substantive contact with a seller or buyer who has no written agreement with a broker, the licensee must disclose in writing the types of relationships offered and give a written copy of the disclosure form prescribed by the Real Estate Commission, with a signature block to acknowledge receipt; if the person will not sign, the licensee notes that on a retained copy, and the acknowledgment is not a contract (SDCL 36-21A-147). Licensees may act only as a seller's or buyer's single agent, a limited agent, a subagent or a transaction broker (SDCL 36-21A-131), and a limited agent for both sides needs the informed written consent of all parties (SDCL 36-21A-140). Agency agreements with sellers, landlords, buyers and tenants must be in writing, state the type of agency relationship, compensation and expiration date, be signed by all parties, and may not renew automatically (SDCL 36-21A-130).

What the statutes set

  1. First contact (36-21A-147)

    Written disclosure of relationships offered and the Commission form with a receipt signature.

  2. Relationships (36-21A-131)

    Single agent, limited agent, subagent or transaction broker.

  3. Limited agency (36-21A-140)

    Informed written consent of all parties.

  4. Agency agreements (36-21A-130)

    Written, with the relationship type and expiration; no automatic renewal.

What the TC checks in a South Dakota file

  • The signed disclosure form, or the licensee's note that the person declined to sign.
  • Written agency agreements for each represented party, with expiration dates.
  • All parties' written consent if one licensee acts as limited agent.

Questions about South Dakota agency disclosure

When must a South Dakota licensee give the agency disclosure?

At the first substantive contact with a seller or buyer who has not entered into a written agreement with a broker (SDCL 36-21A-147).

Can a South Dakota listing agreement renew automatically?

No. An agency agreement with a buyer, seller or lessee may not provide for automatic renewal at expiration (SDCL 36-21A-130).

Related guides

Track the disclosure form and the agency agreements as documents on the deal in ClosingCode.

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Sources: SDCL 36-21A-130, 36-21A-131, 36-21A-140, 36-21A-147 (sdlegislature.gov), read November 1, 2026.

General information, not legal advice. ClosingCode is software; it is not a law firm or brokerage. This guide is not a substitute for the advice or services of an attorney.