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South Dakota · Brokerage recordsSouth Dakota brokerage record retention: four years for the transaction file and trust records

South Dakota requires a licensee to preserve for four years all listings, offers to purchase, closing statements and other records relating to any real estate transaction (SDCL 36-21A-74). For money held in a special trust account, the deposit slip and the ledger sheet for each principal are kept as part of the broker's records at least four years from the closing of the transaction and are available to the Real Estate Commission on request (SDCL 36-21A-82). A responsible broker who remits money directly to the principal without using a trust account keeps, for at least four years, the records that completely disclose all financial dealings between them (SDCL 36-21A-83). The transaction file a TC assembles – offers, counteroffers, the closing statement and the earnest money records – is what the brokerage must be able to produce for those four years.

What the statutes set

  1. Transaction records (36-21A-74)

    Listings, offers, closing statements and other records: four years.

  2. Trust records (36-21A-82)

    Deposit slips and ledger sheets: at least four years from closing.

  3. Direct remittance (36-21A-83)

    Records of dealings with the principal: at least four years.

  4. Inspection (36-21A-82)

    Trust records available to the Commission on request.

What the TC hands the South Dakota broker after closing

  • All offers, counteroffers and addenda, signed and dated.
  • The closing statement.
  • The earnest money deposit slip and ledger entry.

Questions about South Dakota record retention

How long must a South Dakota real estate licensee keep transaction records?

Four years for listings, offers to purchase, closing statements and other transaction records (SDCL 36-21A-74).

How long are South Dakota trust account records kept?

The deposit slip and ledger sheet are kept at least four years from the closing of the transaction (SDCL 36-21A-82).

Related guides

Keep the whole transaction file in one place and export it at closing with ClosingCode.

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Sources: SDCL 36-21A-74, 36-21A-82, 36-21A-83 (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.