LEONARD v. STATE EX REL. REAL ESTATE COM'N

No. 25619.

793 N.W.2d 19 (2010)

2010 S.D. 97

Robert LEONARD, Plaintiff and Appellee, v. STATE of South Dakota, ex rel. South Dakota REAL ESTATE COMMISSION, Defendant and Appellant.

Supreme Court of South Dakota.

Decided December 15, 2010.


Attorney(s) appearing for the Case

Heather M. Lammers Bogard of Costello, Porter, Hill, Heisterkamp, Bushnell & Carpenter, LLP, Rapid City, South Dakota, Attorneys for plaintiff and appellee.

Lindsey Riter-Rapp Robert C. Riter, Jr. of Riter, Rogers, Wattier & Northrup, LLP, Pierre, South Dakota, Attorneys for defendant and appellant.


KONENKAMP, Justice.

[¶ 1.] Does the assignment of a real estate purchase agreement to a new buyer require the broker to obtain a new agency agreement along with its required disclosures under SDCL 36-21A-130? The South Dakota Real Estate Commission ruled that a real estate agent committed unprofessional conduct when he failed to execute a new written agency agreement with the new buyer he represented. On appeal, we conclude that because there was no written agency...

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