Section 36-21A-32 - Waiver of experience requirement on responsible broker applicant's refusalto associate--Relocation or acceptance of unfair contract not required. - South Dakota Statutes

36-21A-32. Waiver of experience requirement on responsible broker applicant's refusal to associate--Relocation or acceptance of unfair contract not required. If otherwise qualified, the requirement of two years serving as a salesperson or broker associate may be waived if the applicant for a responsible broker's license certifies that the applicant has been refused association as a salesperson or broker associate by at least three licensed responsible brokers within sixty days before the application. The responsible brokers named in the application as having refused to associate shall be contacted by the commission to determine whether the attempt by the salesperson or broker associate to associate was in good faith. If the commission determines that there were not three good faith applications to associate by the salesperson or broker associate with a responsible broker or that the applicant has refused association with a responsible broker, the two-year period may not be waived. No applicant may be forced to relocate in order to associate with a responsible broker. If the applicant's reason for refusing to associate are the terms of the contract with the responsible broker, the applicant's refusal to associate with the responsible broker does not count as a refusal if the commission decides the contract is unfair to the salesperson or broker associate.

Source: SL 1992, ch 273, § 32; SL 1996, ch 235, § 3.