South Dakota (SD) · Open house rules

Open house rules for South Dakota agents

What South Dakota asks of an agent at the door: the written relationships disclosure owed at first substantive contact, why a call the visitor asked for is not an unsolicited one, why attending an open house is only an informative act, and the sixty day clock on a breach.

Last reviewed September 1, 2026Every claim links to a primary source

This is not legal advice

We are software people, not lawyers. This page is a plain reading of public South Dakota sources, gathered so you can go read them yourself. Rules change, and how any rule applies to your situation is a question for your broker, your association, or an attorney licensed in South Dakota.

Hand over the relationships disclosure at first substantive contact

South Dakota keys the duty to first substantive contact with a seller or buyer who has not already entered into a written agreement with a broker, which is the usual situation with an open house visitor. At that point you must disclose in writing the types of agency and brokerage relationships your broker is offering that person, and give them a written copy of a disclosure on the form the Real Estate Commission prescribes. That form carries a signature block for the client or customer to acknowledge receipt, and the statute says the customer's acknowledgment does not constitute a contract with you. If a visitor will not sign it, note that fact on a copy of the disclosure and retain the copy. So bring the form to the door and be ready to produce it there, not afterward.

At the first substantive contact with a seller or buyer who has not entered into a written agreement with a broker, the licensee shall: (1) Disclose in writing to that person the types of agency and brokerage relationships the broker is offering to that person; and (2) Provide that person with a written copy of a disclosure on a form prescribed by the commission.
SDCL 36-21A-147, South Dakota Legislature (opens the source in a new tab)

Checked at the source on September 1, 2026

An asked-for follow-up is not a cold call

South Dakota's telemarketing chapter restricts an unsolicited call or text, and a communication made in response to the express request of the person called or texted is carved out of that definition, as is a communication to any person with whom you already have an existing business relationship. That is what your sign-in sheet is for: word the opt-in plainly so you can show later that the visitor asked to hear from you, and keep the record. Where a visitor did not ask, the rest of chapter 37-30A applies to the call, including its bar on unsolicited calls to a residence before 9 a.m. or after 9 p.m. at the consumer's local time or on a Sunday. Federal Do Not Call and texting rules sit on top of this, so do not treat a state carve-out as clearance to text.

"Unsolicited consumer telephone communication," a consumer telephone call or text other than a communication made: (a) In response to an express request of the person called or texted;
SDCL 37-30A-1, South Dakota Legislature (opens the source in a new tab)

Checked at the source on September 1, 2026

Showing them through does not make you their agent

South Dakota statute does not require a signed buyer agreement before someone walks your open house. The licensing chapter lists attending an open house and responding to questions about the property as an initial act that is informative in nature and does not rise to the level of representation, and providing a one-time showing of one property only appears on that same list. Representation is a separate step, and once you take a buyer on as a client, SDCL 36-21A-130 requires that agency agreement to be in writing and to contain a description of the type and geographical area of property sought, the type of agency relationship, the compensation to be paid, the date of authorization, the date of expiration, and the signatures of all parties. Your MLS or association may separately require a written agreement before touring, which is a private rule layer rather than South Dakota law, so confirm your own broker's policy.

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: ... (3) Attending an open house and responding to questions about the property from a consumer;
SDCL 36-21A-128, South Dakota Legislature (opens the source in a new tab)

Checked at the source on September 1, 2026

No sign-in privacy notice, but a 60-day breach clock

South Dakota has no statute requiring a privacy notice on an open house sign-in sheet. What governs the list you keep is the general breach law: a business that owns or licenses computerized personal or protected information about South Dakota residents must notify affected residents no later than sixty days after discovering a breach, and must also notify the Attorney General for any breach that exceeds 250 residents of the state. The definitions are narrow, so a plain list of names, emails and phone numbers usually falls outside both terms, while an email address paired with a password is protected information and does trigger the duty. Keep visitor data behind real access control rather than a shared spreadsheet or a photographed paper sheet, and collect only what you will actually use.

A disclosure under this section shall be made not later than sixty days from the discovery or notification of the breach of system security
SDCL 22-40-20, South Dakota Legislature (opens the source in a new tab)

Checked at the source on September 1, 2026

How this page is put together

  • Every claim above carries a link to a primary source, plus the exact words from that source that support it. If a claim cannot be quoted, it is not on this page.
  • Each claim shows the date a human last opened that link and confirmed the quote still says what it says.
  • We only cover what we could source. A topic you were hoping to find may be one we have not confirmed yet, so treat this as a starting point rather than a complete list of everything South Dakota expects of you.

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