South Dakota Codified Laws 36-21A-128. Informative acts that do not constitute representation
For the purposes of this chapter, initial acts that a licensee may perform for a consumer that are informative in nature and do not rise to the level of representation on behalf of a consumer include the following:
(1) Responding to phone inquiries by consumers as to the availability and pricing of real estate services;
Terms Used In South Dakota Codified Laws 36-21A-128
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
- Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(2) Responding to phone inquiries from a consumer concerning the price or location of real property;
(3) Attending an open house and responding to questions about the property from a consumer;
(4) Setting an appointment to view property;
(5) Responding to questions of consumers walking into a licensee’s office concerning real estate services offered on particular properties;
(6) Describing a property or the property’s condition in response to a consumer’s inquiry;
(7) Accompanying an appraiser, inspector, contractor, or similar third party on a visit to a property;
(8) Referring a person to another broker or service provider; or
(9) Providing a one–time showing of one property only to a potential buyer or lessee.
Source: SL 1998, ch 229, § 5.