36-21A-132. Duties and obligations of licensee representing seller or landlord.Any licensee representing a seller or landlord has the following duties and obligations:(1)To perform the terms of the written agreement made with the client;(2)To exercise reasonable skill and care for the client;(3)To promote the interest of the client with the utmost good faith, loyalty, and fidelity, including:(a)Seeking a price and terms which are acceptable to the client. However, the licensee is not obligated to seek additional offers to purchase the property while the property is subject to a contract for sale or to seek additional offers to lease the property while the property is subject to a lease or letter of intent to lease;(b)Presenting all written offers to and from the client in a timely manner regardless of whether the property is subject to a contract for sale or lease or a letter of intent to lease;(c)Disclosing to the client all adverse material facts actually known by the licensee; and(d)Advising the client to obtain expert advice as to material matters about which the licensee knows but the specifics of which are beyond the expertise of the licensee;(4)To account in a timely manner )Advising the client to obtain expert advice as to material matters about which the licensee knows but the specifics of which are beyond the expertise of the licensee;(4)To account in a timely manner for all money and property received; and(5)To comply with any applicable federal, state, and local laws, rules, regulations, and ordinances, including fair housing and civil rights statutes, or regulations. Source: SL 1998, ch 229, §9.
South Dakota Legal Code