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;(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.
South Dakota Legal Code