S.D. Admin. R. 20:69:16:03
Prior to entering into a listing or agency agreement, a real estate licensee shall notify a client in writing of the real estate brokerage's appointed agent policy and those affiliated licensees within the real estate brokerage that will act as appointed agents of that client to the exclusion of all other affiliated licensees within the real estate brokerage.
A brokerage may not, without the written consent of the client, appoint an affiliated licensee to act as an appointed agent in any transaction involving a written exclusive single agency or limited agency agreement that was in effect prior to the broker implementing the appointed agent relationship.
If the client of an appointed agent demonstrates interest in a property on which the responsible broker has an existing exclusive single agent or limited agent brokerage agreement, the broker may not permit the use of the appointed agent without first obtaining the written consent of that seller or landlord to the appointed agent relationship. If the written consent of the client to allow the appointed agent relationship is not given or cannot be obtained, the broker shall refer the client of the appointed agent to another broker for representation for the purpose of considering such property.
S.D. Admin. R. 20:69:16:03
General Authority: SDCL 36-21A-141.1, 36-21A-147.
Law Implemented: SDCL 36-21A-141.1, 36-21A-147.