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PRACTICE ENGINE · SOUTH DAKOTA REAL ESTATE

South Dakota Real Estate Practice Exam.
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QUESTION 1 / 61Property Ownership, Land Use & InterestsEasy0/0
A title company preparing to close on the sale of a ranch near Interior discovers that one of two owners of record died several months earlier. The surviving owner explains that she and the deceased had held title to the ranch as joint tenants with right of survivorship, not as tenants in common. To clear title for closing, what should the title company require?
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  1. 1. A title company preparing to close on the sale of a ranch near Interior discovers that one of two owners of record died several months earlier. The surviving owner explains that she and the deceased had held title to the ranch as joint tenants with right of survivorship, not as tenants in common. To clear title for closing, what should the title company require?

    • A. A completed probate proceeding transferring the deceased owner's interest to her heirs
    • B. A certified copy of the deceased owner's death certificate, since her interest already passed automatically to the survivor
    • C. A new deed conveying the property from both original owners to the surviving owner
    • D. A quitclaim deed signed by the deceased owner's heirs releasing any claim to the property
    Show answer & explanation

    Answer: B
    Joint tenancy's defining feature is the right of survivorship: when one joint tenant dies, that owner's interest passes immediately and automatically to the surviving joint tenant by operation of law, entirely outside of probate. Because the deceased owner's share transferred at the moment of death and nothing remains to convey, a title company typically only needs a certified death certificate to document the survivor's sole ownership — not a probate proceeding, an heir's release, or a fresh conveyance, since the deceased had no remaining interest left to transfer through any of those routes.

  2. 2. Near Brookings, a homeowner in a residentially zoned neighborhood wants to operate a small business from her house, which the current zoning ordinance's use restrictions do not permit. The zoning board grants her specific permission to deviate from that use restriction. What is this type of relief called?

    • A. A legally nonconforming use
    • B. A use variance
    • C. An area variance
    • D. Spot zoning
    Show answer & explanation

    Answer: B
    Permission to deviate from a zoning ordinance's permitted-use restrictions, granted on a case-by-case basis, is a use variance, distinct from a dimensional or area variance that only relaxes setback or size rules rather than the type of use itself. A legally nonconforming use instead describes a use that predates the zoning change and was never granted, while spot zoning is an improper, unilateral rezoning of a single parcel that is generally challengeable as invalid.

  3. 3. A seller near Mitchell signs listing agreements with three different brokers at the same time, agreeing to pay a commission to whichever one first procures a buyer, while retaining the right to sell the property herself without owing any commission. What type of listing is this?

    • A. An open listing
    • B. An exclusive right-to-sell listing
    • C. A net listing
    • D. An exclusive agency listing
    Show answer & explanation

    Answer: A
    Allowing multiple brokers to compete simultaneously for the same commission, with the seller free to sell without owing anyone a fee, is the hallmark of an open listing. An exclusive right-to-sell agreement would obligate the seller to pay one particular broker regardless of who found the buyer, an exclusive agency listing would still limit the seller to one broker while preserving a self-sale exception, and a net listing is a compensation structure based on proceeds above a set figure, not a description of how many brokers may compete.

  4. 4. To teach new agents what happens once a seller's listing term simply lapses, an instructor near Redfield poses this scenario to her class: a listing agreement reaches its stated expiration date with the house still unsold, and neither the seller nor the broker takes any further action afterward. What happens to the agency relationship between them?

    • A. It renews automatically for an identical additional term
    • B. The agency relationship ends automatically once the stated term runs out
    • C. The broker retains an indefinite right to a commission on any future sale of the property
    • D. It converts automatically into an open listing
    Show answer & explanation

    Answer: B
    A listing agreement is a contract for a defined term, and agency automatically ends when that term expires unless the parties affirmatively agree to extend or renew it. Nothing about mere expiration causes automatic renewal, an automatic conversion to a different listing type, or an indefinite future commission right, since the agent's authority to act for the seller simply ceases along with the contract term.

  5. 5. A buyer and seller near Custer verbally agree to a sale of forty acres of farmland, shake hands, and never put anything in writing. If a dispute later arises, how enforceable is this agreement likely to be?

    • A. Generally unenforceable, because contracts for the sale of real estate must be in writing under the statute of frauds
    • B. Enforceable automatically once any earnest money changes hands, even without a writing
    • C. Enforceable only if the seller happens to be a licensed real estate agent
    • D. Enforceable as long as two people verbally witnessed the agreement
    Show answer & explanation

    Answer: A
    The statute of frauds generally requires contracts for the sale of an interest in real estate to be in writing and signed to be enforceable, so a purely verbal handshake deal is typically unenforceable no matter how sincere the agreement. Verbal witnesses do not substitute for a writing, an exchange of earnest money alone does not cure the missing writing requirement, and whether the seller happens to hold a real estate license has no bearing on this contract-formation rule.

  6. 6. On that same $264,600 loan near Rapid City, the seller agrees to pay the 2.15 points on the buyer's behalf as part of the negotiated deal. How is this arrangement best described?

    • A. It is a seller-paid buydown of the buyer's closing costs, reducing the cash the buyer needs at closing
    • B. It violates federal lending regulations and cannot legally be structured this way
    • C. It automatically increases the buyer's loan principal by the amount of the points
    • D. It automatically converts the loan into an assumable loan for future buyers
    Show answer & explanation

    Answer: A
    When a seller agrees to cover a buyer's points as a negotiated concession, it functions as a seller-paid credit that reduces how much cash the buyer must bring to closing, without changing the loan's principal balance. It does not automatically increase the loan amount, is a routine and permissible negotiated concession rather than a regulatory violation, and has no effect on whether the loan is assumable by a future buyer.

  7. 7. A lender near Yankton structures a loan using a deed of trust rather than a traditional mortgage instrument. In that arrangement, who generally holds legal title during the loan term, and what does that structure typically enable if the borrower defaults?

    • A. The borrower retains full legal title throughout, and the lender holds no security interest at all
    • B. The trustee becomes a co-owner of the property with equal ownership rights alongside the borrower
    • C. A neutral trustee holds legal title, which generally enables a faster non-judicial foreclosure process outside of court
    • D. The lender holds title directly and must always pursue a judicial foreclosure process
    Show answer & explanation

    Answer: C
    A deed of trust places legal title with a neutral third-party trustee for the benefit of the lender, and that structure is what typically allows a faster power-of-sale, non-judicial foreclosure process without needing to go through court if the borrower defaults. The lender itself does not hold title under this structure, the borrower's retained interest is subject to that trust arrangement rather than being unencumbered, and the trustee's role is a fiduciary one securing the debt, not co-ownership of the property.

  8. 8. To support a homeowner's refinance application near Volga, an appraiser hired by the lender gathers recent sale prices of similar nearby homes and adjusts for differences in features like square footage and condition. Which valuation approach is being used?

    • A. The sales comparison approach
    • B. The cost approach
    • C. The gross rent multiplier approach
    • D. The income approach
    Show answer & explanation

    Answer: A
    Gathering recent comparable sales and adjusting for differences to estimate a subject property's value is the sales comparison approach, the method most commonly used for typical owner-occupied residential properties. The cost approach instead estimates land value plus reproduction cost minus depreciation, the income approach capitalizes a property's income stream, and a gross rent multiplier applies a rent-based multiplier rather than adjusting comparable sale prices directly.

  9. 9. A seller near Sioux Falls knows the basement floods every spring but says nothing about it to a prospective buyer who never specifically asks about basement flooding. Why is this silence potentially a problem?

    • A. Only agents, never sellers, have any duty to disclose known property defects
    • B. Sellers have no disclosure duty for latent defects under any circumstance
    • C. Disclosure is required only if the buyer specifically asks about that exact defect
    • D. Failing to disclose a known material defect can constitute misrepresentation, regardless of whether the buyer specifically asked about it
    Show answer & explanation

    Answer: D
    A seller who knows about a material defect like recurring flooding generally cannot stay silent and rely on the buyer's failure to ask the exact right question; failing to disclose a known material fact can amount to misrepresentation by omission. It is not true that sellers owe no duty regarding latent defects, that only agents carry any disclosure obligation, or that silence is excused simply because the buyer's questions didn't happen to hit on the precise issue.

  10. 10. A broker associate near Rapid City advertises a listing using only her own name and personal phone number, without mentioning the name of the brokerage she works for anywhere in the ad. What is the general concern with this kind of advertisement?

    • A. This rule applies only to online advertisements, never to printed materials
    • B. There is no issue at all, since the associate herself is the one who holds a license
    • C. This may violate advertising standards, since real estate advertisements generally must identify the brokerage, not just the individual agent
    • D. This is only a concern if the property being advertised is a brand-new listing
    Show answer & explanation

    Answer: C
    Advertising rules for licensees generally require that the brokerage's identity be disclosed in real estate advertisements, since consumers are entitled to know which licensed firm actually holds the listing, not just the individual agent's contact information. Being individually licensed does not exempt an associate from this brokerage-identification requirement, the concern applies across advertising formats rather than only online, and it has nothing to do with how recently the listing was taken.

  11. 11. To avoid, in her own words, "wasting everyone's time," a sales associate near Mobridge repeatedly shows a Native American buyer listings only in one particular part of town, while showing comparable buyers of other backgrounds a much broader range of neighborhoods to consider. What is this discriminatory practice called?

    • A. Steering, an illegal practice of limiting where buyers are shown listings based on a protected class
    • B. Subagency
    • C. Redlining
    • D. Blockbusting
    Show answer & explanation

    Answer: A
    Directing buyers toward or away from particular neighborhoods based on a protected characteristic like race or national origin is steering, a distinct and illegal fair housing violation. Blockbusting involves inducing panic selling by suggesting a protected class is moving into a neighborhood, redlining involves lenders denying credit within certain areas rather than agents directing buyers, and subagency is an unrelated agency-relationship concept.

  12. 12. An owner near Aberdeen who lives in one unit of a small owner-occupied duplex wants to rent out the other unit, and states in an advertisement that he prefers not to rent to families with children. Even though certain small owner-occupied buildings can sometimes qualify for a limited fair housing exemption, what is the concern with this advertisement?

    • A. Any applicable exemption allows discriminatory advertising language as long as the unit is owner-occupied
    • B. Even where an exemption from full Fair Housing Act coverage might otherwise apply, discriminatory advertising language is still generally prohibited
    • C. No restrictions of any kind apply to small owner-occupied duplexes
    • D. Any applicable exemption only applies to buildings with five or more units
    Show answer & explanation

    Answer: B
    Even in situations where a limited exemption from certain fair housing provisions might apply to small owner-occupied buildings, discriminatory statements in advertising expressing a preference against a protected class are still generally prohibited, since the advertising prohibition operates independently of that narrow exemption. It is not accurate that no restrictions apply at all, that the exemption specifically permits discriminatory ad language, or that any such limited exemption is instead defined by a much larger unit-count threshold.

  13. 13. A 17-year-old near Sioux Falls finishes her prelicensing coursework early and wants to apply for a South Dakota broker associate license right away. What is the outcome of her application?

    • A. She may be licensed at 17 with a parent or guardian's co-signature
    • B. Age is not a factor at all as long as her coursework is complete
    • C. She cannot yet be licensed, since applicants generally must be at least 18 years old at the time of licensure
    • D. The minimum age requirement applies only to the Responsible Broker tier, not to Broker Associate
    Show answer & explanation

    Answer: C
    South Dakota licensing requirements set a minimum age of 18 for licensure, so completing coursework early does not override that baseline personal qualification, and she would need to wait until she reaches that age before being licensed. Completing coursework does not substitute for meeting the age requirement, there is no parental co-signature exception described in the licensing requirements, and the minimum age requirement applies at the entry level, not only at a higher tier.

  14. 14. An applicant who is not a U.S. citizen but has established legal residency in South Dakota applies for a broker associate license there. Does this residency status help satisfy the licensing eligibility requirement?

    • A. She may qualify, but only for a temporary provisional license
    • B. No, residency alone can never satisfy any state's licensing eligibility requirement
    • C. Yes, she may still qualify, since the requirement can be satisfied by either U.S. citizenship or South Dakota residency
    • D. No, she is automatically disqualified because only U.S. citizens may be licensed
    Show answer & explanation

    Answer: C
    South Dakota's licensing eligibility requirement is satisfied by being either a U.S. citizen or a resident of South Dakota, so an applicant who is not a citizen but has established South Dakota residency can still meet this particular requirement. She is not automatically disqualified for lacking citizenship, there is no temporary provisional category described for this requirement, and the premise that residency can never satisfy such a requirement is contradicted by South Dakota's actual either-or standard.

  15. 15. A candidate near Mitchell passes both portions of her South Dakota real estate licensing exam and receives notice of her passing scores. What key timing requirement should she keep in mind afterward?

    • A. She has unlimited time to apply, since a passing score never expires
    • B. She generally must file her license application within about 60 days of being notified she passed, or she may need to retest
    • C. This filing window only applies at the Responsible Broker tier, not to a new Broker Associate applicant
    • D. She must file within roughly 60 days, but there is no real consequence for missing that window
    Show answer & explanation

    Answer: B
    South Dakota applicants generally have about 60 days from the notice of passing to file their license application, and missing that window can mean having to retake the exam before becoming licensed, so the deadline carries a real consequence rather than being a mere formality. Treating the deadline as if it never expires, as if there were no consequence for missing it, or as if it applied only to a different licensing tier all misstate how this filing requirement actually works.

  16. 16. A candidate near Pierre passes the national portion of the South Dakota exam but fails the state-specific portion on the same test date. What does she need to do to become licensed?

    • A. Retake both the national and state portions from scratch
    • B. Retake only the state portion she failed, not the entire combined exam
    • C. Her passing national score is voided the moment she fails the state portion
    • D. Wait a full year before being allowed to retest anything
    Show answer & explanation

    Answer: B
    South Dakota's exam structure allows a candidate who passes one portion but fails the other to retake only the failed portion rather than repeating the entire combined exam, so her passing result on the national portion stands. There's no requirement to redo both portions, no rule that a passing score on one portion is voided by failing the other, and no mandated year-long waiting period before retesting.

  17. 17. A candidate near Huron fails a portion of her exam on a Wednesday and wants to know how soon she could realistically retest. What does the typical retest timing framework allow?

    • A. She must wait until the next quarterly testing cycle opens
    • B. She must wait a minimum of 30 days before any retest is allowed
    • C. She cannot retest that same day, but depending on scheduling availability could potentially retest within just the next couple of business days
    • D. She can retest immediately, that same afternoon, once she pays a new fee
    Show answer & explanation

    Answer: C
    A candidate cannot retest on the same day she fails a portion, but the general framework allows her to call the very next day and, depending on scheduling availability, retest within just a business day or two rather than facing a long mandatory waiting period. There is no fixed 30-day minimum wait, retesting the same afternoon is not permitted, and testing is not limited to occasional quarterly cycles.

  18. 18. A broker associate near Brookings has now been actively licensed for two years and wants to move up to become a Responsible Broker. Beyond simply reaching that two-year mark, what else does she generally need to satisfy?

    • A. Nothing further; two years of active status alone is sufficient with no additional coursework
    • B. Beyond the time-in-status requirement, she generally must also complete an additional broker-level course and satisfy that tier's other requirements
    • C. She must restart entirely with entry-level prelicensing coursework as if newly applying
    • D. There is actually no defined path from Broker Associate up to Responsible Broker
    Show answer & explanation

    Answer: B
    Advancing from Broker Associate to Responsible Broker generally requires more than just accumulating two years of active status; it also calls for completing an additional broker-level course and meeting that tier's other approval requirements before the upgrade is granted. Two years alone is not described as sufficient on its own, there is no need to repeat entry-level prelicensing coursework from zero, and a defined upgrade path clearly does exist between these two tiers.

  19. 19. A newly licensed individual near Watertown holds the title of Broker Associate rather than an independent Broker. What does this title practically mean for how she can operate?

    • A. She cannot personally list or sell property at all, only assist licensed brokers administratively
    • B. She has identical independent authority to open and run her own brokerage immediately
    • C. The title is purely honorary, with no practical difference in authority at all
    • D. She generally must operate under the supervision of a Responsible Broker rather than run an independent brokerage
    Show answer & explanation

    Answer: D
    The Broker Associate title reflects a license held under the supervision of a Responsible Broker, meaning she can actively represent clients in transactions but generally cannot operate an independent brokerage of her own until advancing to that higher tier. She does not have independent brokerage authority at this level, the distinction carries real practical limits rather than being purely a label, and she is fully able to personally handle listings and sales while under that supervision.

  20. 20. Two applicants near Rapid City are evaluated for South Dakota broker associate licensure: one is 19 years old and a lawful South Dakota resident but not a U.S. citizen, and the other is 17 years old and a U.S. citizen born in the state. Based on the baseline age and citizenship-or-residency requirements alone, which of them currently qualifies?

    • A. Both applicants qualify, since neither age nor citizenship or residency is actually a licensing requirement
    • B. Only the 19-year-old resident meets the baseline age and citizenship-or-residency requirements; the 17-year-old fails on age despite being a citizen
    • C. Only the 17-year-old qualifies, because citizenship is the sole controlling requirement
    • D. Neither applicant qualifies, because both requirements specifically demand citizenship rather than residency
    Show answer & explanation

    Answer: B
    The 19-year-old satisfies both the minimum age requirement and the citizenship-or-residency requirement through his South Dakota residency, while the 17-year-old, despite being a U.S. citizen, falls short of the minimum age requirement and therefore does not yet qualify. Citizenship is not the sole controlling factor since residency independently satisfies that requirement, the residency-based applicant is not disqualified simply for lacking citizenship, and both age and citizenship-or-residency are genuine baseline requirements rather than nonexistent ones.

  21. 21. Two candidates near Sturgis both test on the same Monday: one fails only the state-specific portion of the exam, and the other fails both the national and state portions. Comparing their paths forward under the retake framework, what is true?

    • A. Both candidates face the same next-available-business-day retest scheduling limit, but the one who failed both must retake both, while the other retakes only the failed state portion
    • B. The candidate who failed both portions must wait significantly longer to retest than the one who failed only one
    • C. There is no meaningful difference at all between the two candidates' retake paths
    • D. Failing both portions requires restarting the entire prelicensing education process from the beginning
    Show answer & explanation

    Answer: A
    Under the described framework, neither candidate can retest the same day, and both are subject to the same next-available-business-day scheduling limitation going forward; the difference between them is simply which portions they must actually retake, since the candidate who failed only the state portion need not redo the national portion she already passed. There is no indication either candidate faces a longer mandatory wait for retesting itself, and failing both portions on the exam does not require restarting prelicensing education, so treating their situations as identical would overlook the real difference in which portions each must repeat.

  22. 22. A candidate near Custer passes her South Dakota licensing exam but, due to a personal emergency, does not file her license application until 75 days after being notified that she passed. What is the likely consequence of this delay?

    • A. She can simply pay a late fee and file the application at any time afterward
    • B. The deadline only restricts when she can begin working, not when she can actually file her application
    • C. Because this exceeds the roughly 60-day filing window after passing, she would likely need to retake the exam before being licensed
    • D. None; passing scores never expire, so the delay has no consequence
    Show answer & explanation

    Answer: C
    Because South Dakota applicants generally must file their license application within about 60 days of notice of passing, filing 75 days later exceeds that window, and the practical consequence is typically needing to retake the exam before being licensed rather than simply filing late. It is not accurate that passing scores never expire, that a late fee alone resolves a missed filing window, or that the deadline governs only when work may begin rather than the application filing itself.

  23. 23. A rancher near Aberdeen sells the back forty acres of his quarter section, but the buyer's new parcel has no direct frontage on any public road. What type of easement is most likely created to give the new owner access?

    • A. An easement in gross
    • B. An easement by necessity
    • C. An easement created by government condemnation
    • D. An easement by prescription
    Show answer & explanation

    Answer: B
    When a common grantor's sale of land leaves a parcel landlocked with no other reasonable access, the law implies an access easement across the retained land so the new owner isn't cut off from a road. That differs from a right built up through years of open, adverse use, from a personal right that benefits a person rather than the land, and from a government taking, none of which fit a parcel created landlocked at the moment of sale.

  24. 24. A landowner near Rapid City sells the surface of a parcel but reserves the subsurface minerals for herself in a separate clause of the deed. What does the buyer now own?

    • A. Nothing, because mineral rights automatically revert to the state once severed
    • B. Both the surface and the minerals outright
    • C. Nothing, because mineral and surface rights cannot legally be separated in a single deed
    • D. The surface only; the seller retains the reserved minerals and reasonable access to extract them
    Show answer & explanation

    Answer: D
    Mineral rights can be severed from surface rights and retained by a grantor through an express reservation in the deed, leaving the buyer with only the surface estate while the seller keeps ownership of what lies beneath, along with a reasonable right to reach it. Minerals don't revert to any government body upon severance, and severance itself is a routine, legally valid transaction, not something prohibited.

  25. 25. A deed conveying farmland outside Brookings reads simply 'to the buyer and her heirs forever,' with no conditions or limitations attached. What estate does this language create?

    • A. A fee simple absolute
    • B. A fee simple determinable
    • C. A leasehold estate
    • D. A life estate
    Show answer & explanation

    Answer: A
    Language conveying property to a person and her heirs forever, with no limiting condition, creates the largest and most complete form of ownership, lasting indefinitely and freely transferable. A life estate would end at someone's death, a determinable fee would end automatically upon a stated condition, and a leasehold is only a temporary right of possession, none of which match unconditional, perpetual language.

  26. 26. After a new survey near Vermillion, a homeowner discovers her neighbor's fence sits three feet onto her side of the agricultural property line. What is this situation a legal example of?

    • A. A license
    • B. An easement
    • C. A lien
    • D. An encroachment
    Show answer & explanation

    Answer: D
    A structure that physically crosses onto a neighboring owner's land without permission is an encroachment, which the affected owner can generally require to be removed or resolved through negotiation. It is not an easement, since no legal right to use the land was ever granted, not a license, which is a revocable permission rather than an unauthorized intrusion, and not a lien, which is a financial claim rather than a physical trespass onto land.

  27. 27. For many years, without ever asking permission, a neighbor near Huron has openly and continuously farmed a narrow strip of an adjoining agricultural parcel as if it were his own. What legal doctrine might eventually let him claim title to that strip?

    • A. A quiet title judgment issued automatically after a set number of years
    • B. Easement by prescription
    • C. Adverse possession
    • D. Eminent domain
    Show answer & explanation

    Answer: C
    Open, continuous, exclusive, and hostile use of another's land for a sufficient statutory period can ripen into actual ownership through adverse possession, transferring title itself rather than merely a right of use. An easement by prescription arises from similar conduct but only grants a continuing right to use the land, not ownership of it, eminent domain is a government power to take property for public use with compensation, and quiet title actions require an affirmative lawsuit rather than happening automatically.

  28. 28. In Sioux Falls, a buyer's agent learns her client can afford a home up to $310,000 but, during negotiations, avoids revealing that figure to the seller's side to protect her client's bargaining position. Which fiduciary duty does this behavior primarily reflect?

    • A. Confidentiality
    • B. Disclosure
    • C. Care
    • D. Obedience
    Show answer & explanation

    Answer: A
    Keeping a client's financial limits and negotiating position private from the other side of the transaction is a core application of the duty of confidentiality, which continues even after the agency relationship ends. Care involves exercising skill and diligence on the client's behalf, obedience involves following lawful client instructions, and disclosure runs toward the client rather than describing withholding information from the opposing party.

  29. 29. What do you call it when the same auction house near Deadwood ends up representing both the winning bidder and the property's seller on the same lot, after securing informed written consent from each of them — and which fiduciary duty does that arrangement inherently limit?

    • A. Single agency representing only the winning bidder
    • B. Dual agency, with the duty of undivided loyalty necessarily limited since the firm must remain neutral between both clients
    • C. Designated agency, with no limitation on loyalty to either client
    • D. Subagency, owing full loyalty only to the seller
    Show answer & explanation

    Answer: B
    Representing both parties to the same transaction with informed consent from each is dual agency, and by its nature it necessarily limits the duty of undivided loyalty because the firm cannot fully advocate for one client's interests over the other's. Designated agency and single agency each involve separate or singular representation without that inherent loyalty tension, and subagency describes a cooperating broker owing duties to only the listing side, neither of which describes representing both parties at once.

  30. 30. A seller near Watertown proposes a listing agreement under which the broker keeps any sale proceeds above a fixed net amount owed to the seller, rather than earning a stated commission percentage. What is the main concern with this type of arrangement?

    • A. It guarantees the seller the highest possible net proceeds in every sale
    • B. It completely eliminates the broker's fiduciary duties for that transaction
    • C. It only needs to be disclosed to buyers, never to the seller
    • D. It creates a built-in conflict because the broker's compensation depends on markup above the seller's net rather than on securing the best price for the seller
    Show answer & explanation

    Answer: D
    Tying a broker's pay to whatever amount a home sells for above a fixed net creates an incentive to price and negotiate in a way that maximizes the broker's markup, which can run directly against the seller's interest in getting the best possible price, an inherent conflict with the duty of loyalty. It does not guarantee better proceeds for the seller, does not remove any fiduciary duties, and any conflict of interest in how a broker is compensated must be disclosed to the client whose interests are affected, not just the other side.

  31. 31. Two agents in Rapid City each claim they are entitled to the commission after a buyer originally worked with the first agent, whose listing later expired, and then purchased the same home through a second agent. What factor primarily determines which agent is the procuring cause entitled to the commission?

    • A. Whichever agent showed the property to the buyer first
    • B. Whichever agent's uninterrupted efforts were the direct cause leading to the completed sale
    • C. Whichever agent has held a real estate license the longest
    • D. Whichever agent's name happens to appear on the closing documents
    Show answer & explanation

    Answer: B
    Procuring cause disputes turn on whose uninterrupted chain of efforts actually brought about the sale, not simply on who acted first or last in the process. Merely showing the property first doesn't settle the question if that agent's involvement was later broken off, license seniority is irrelevant to causation, and whose name appears on closing paperwork reflects who handled the transaction administratively rather than who caused the buyer to purchase.

  32. 32. Through MLS cooperation, a broker in Yankton shows a home listed by a different firm to a buyer with whom she has no separate buyer-representation agreement. Absent such an agreement, this cooperating broker has traditionally been considered a subagent of whom?

    • A. The buyer she is directly working with
    • B. The seller, acting through the listing broker
    • C. The multiple listing service itself
    • D. Both the buyer and the seller equally
    Show answer & explanation

    Answer: B
    Without a separate buyer-representation agreement, a cooperating broker who shows a listed property has traditionally been treated as a subagent of the listing broker, and therefore owes fiduciary duties to the seller rather than to the buyer she happens to be working with. The MLS is simply a data-sharing platform, not a principal owed fiduciary duties, and without a buyer agreement in place there is no dual representation of both parties equally.

  33. 33. A newly licensed broker associate in Spearfish makes a misrepresentation to a buyer while acting within the scope of her work for her supervising responsible broker. If the buyer later sues, who can generally be held legally responsible for that misrepresentation?

    • A. Liability shifts entirely to the multiple listing service that hosted the listing
    • B. Only the broker associate personally; the responsible broker has no exposure at all
    • C. The buyer forfeits any claim since he should have verified the statement independently
    • D. The responsible broker can be held vicariously liable for the associate's conduct within the scope of the agency relationship, in addition to the associate
    Show answer & explanation

    Answer: D
    Because a broker associate operates under a supervising responsible broker's license and authority, misconduct committed within the scope of that working relationship can expose the responsible broker to vicarious liability alongside the associate who actually made the statement. A buyer's failure to independently verify a statement does not automatically eliminate a claim for misrepresentation, and an unrelated third party like the MLS bears no responsibility for an agent's individual conduct toward a client.

  34. 34. Two friends near Belle Fourche shake hands on a plan where one promises to sell the other a rural forty-acre parcel 'someday,' with no price agreed and nothing of value exchanged at that time. Why does this arrangement fail to form an enforceable contract?

    • A. It lacks competent, legally capable parties
    • B. It lacks a licensed real estate agent's signature
    • C. It lacks consideration and definiteness; a vague promise without an exchange of value isn't a binding agreement
    • D. It lacks a legal purpose for the transaction
    Show answer & explanation

    Answer: C
    A valid contract generally requires definite terms and consideration, something of value exchanged between the parties, and a vague future promise with no agreed price and nothing exchanged fails on both counts. Nothing in the facts suggests either party lacks legal capacity or that selling land is an illegal purpose, and real estate contracts between private individuals do not require a licensed agent's signature to be enforceable in the first place.

  35. 35. A purchase agreement for a home in Brookings includes a financing contingency, and the buyer is ultimately unable to secure loan approval within the stated contingency period. What generally happens next under a typical contingency clause?

    • A. The buyer can typically cancel the contract and recover the earnest money under the contingency's terms
    • B. The contract automatically converts into a lease agreement
    • C. The seller can sue the buyer for specific performance despite the failed contingency
    • D. The buyer forfeits the earnest money automatically regardless of the contingency
    Show answer & explanation

    Answer: A
    A financing contingency exists precisely to protect a buyer who makes a good-faith effort but cannot obtain loan approval, generally allowing that buyer to cancel and recover the earnest money rather than being forced to close or forfeit funds. Nothing about a satisfied contingency for cancellation would trigger automatic forfeiture, allow the seller to force performance, or convert the deal into an unrelated lease arrangement.

  36. 36. To clear up a potential cloud on title left by an ex-spouse's possible interest in a home near Pierre, the current owner obtains a quitclaim deed from that ex-spouse. Compared to a general warranty deed, what does this quitclaim deed fail to provide?

    • A. It provides no warranties about the grantor's title, conveying only whatever interest the grantor may actually have, if any
    • B. It guarantees the grantor holds clear title free of all defects
    • C. It includes a covenant against encumbrances placed on the property by prior owners
    • D. It requires title insurance to be purchased before it becomes valid
    Show answer & explanation

    Answer: A
    A quitclaim deed simply transfers whatever interest the grantor happens to hold, without making any promises about the quality of that title, unlike a general warranty deed, which includes covenants guaranteeing clear title and defending against claims. It offers no guarantee of clear title and includes no covenant against encumbrances, and its validity as a conveyance does not depend on the buyer separately purchasing title insurance.

  37. 37. Settling their late mother's estate, three siblings near Chamberlain finally sell her farmhouse; at the closing, the purchase funds and signed documents are held by a neutral third party until every agreed-upon condition of the sale has been satisfied. What is the main purpose of this arrangement?

    • A. It protects both parties by ensuring performance conditions are met before funds or the deed are actually released
    • B. It transfers ownership of the property immediately once the account is opened
    • C. It eliminates the need to ever perform a title search on the property
    • D. It is only used when the buyer is obtaining financing, never for cash purchases
    Show answer & explanation

    Answer: A
    Escrow exists so that neither party has to trust the other's promise alone: a neutral third party holds money and documents and only releases them once agreed conditions, such as clear title and loan funding, are actually satisfied. It does not substitute for a title search, does not transfer ownership the moment the account opens, and is commonly used in cash transactions as well as financed ones.

  38. 38. "He signed the contract — he can't just walk away now," the buyer's attorney insists after a seller near Gettysburg backs out of a signed purchase agreement and refuses to convey title, even though the buyer is ready, willing, and financially able to close. The buyer wants the specific property itself rather than just a refund or money damages. What remedy would the buyer most likely pursue?

    • A. Specific performance, asking a court to order the seller to complete the sale
    • B. Liquidated damages as specified in the contract
    • C. Compensatory damages only, calculated as the difference in market value
    • D. Rescission of the contract and a return to each party's original position
    Show answer & explanation

    Answer: A
    When a buyer wants the unique property itself rather than a monetary substitute, specific performance is the remedy that asks a court to force the breaching seller to actually complete the conveyance. Liquidated damages and compensatory damages only provide money rather than the property, and rescission unwinds the deal entirely rather than compelling the sale the buyer actually wants.

  39. 39. What do you call it when a buyer near Milbank takes possession of a farmstead right away and pays the seller directly in installments over several years, while the seller keeps legal title until the price is paid in full?

    • A. A general warranty deed
    • B. A lease-option agreement
    • C. A land contract, sometimes called a contract for deed
    • D. A deed of trust
    Show answer & explanation

    Answer: C
    A land contract, also called a contract for deed or installment sale contract, lets a buyer take possession and make direct payments to the seller while legal title stays with the seller until the price is fully paid. A deed of trust involves a lender-borrower financing relationship with a trustee holding title as security, a lease-option is primarily a rental with a future purchase right rather than an installment sale, and a general warranty deed is simply the instrument used to transfer title, not a payment arrangement.

  40. 40. A buyer near Vermillion delays recording his newly received deed. Before he gets around to it, the same seller fraudulently deeds the identical property to a second, unsuspecting buyer, who promptly records her deed first. Under a typical race-notice recording approach, who generally prevails in this dispute?

    • A. The first buyer always prevails simply because his purchase closed earlier
    • B. Whichever buyer paid the higher purchase price prevails
    • C. The county recorder decides based on which buyer paid the larger filing fee
    • D. The second buyer generally prevails, since she had no notice of the earlier sale and recorded first
    Show answer & explanation

    Answer: D
    Under a race-notice recording system, a later buyer who purchases without notice of an earlier unrecorded conveyance and records first is typically protected over an earlier buyer who sat on his rights and failed to record promptly. The order of closing dates and the purchase price paid don't control this priority question, and a recorder's filing fee has nothing to do with resolving competing ownership claims.

  41. 41. A buyer near Rapid City takes out a $264,600 loan and is charged 2.15 points at closing to secure the quoted interest rate. How much do the points cost in dollars?

    • A. $6,615.00
    • B. $52,920.00
    • C. $2,646.00
    • D. $5,688.90
    Show answer & explanation

    Answer: D
    Each point equals one percent of the loan amount, so 2.15 points on a $264,600 loan is calculated as $264,600 multiplied by 0.0215, which comes to $5,688.90. Using a 2.5 percent rate instead of 2.15 produces the higher figure, treating the points as a flat one percent shift of the decimal produces the smaller figure, and multiplying by 0.2 instead of 0.0215 produces the much larger figure, all of which reflect miscalculating the percentage applied.

  42. 42. To close on a $216,000 house near Aberdeen, a buyer puts down $54,000 in cash and finances the rest through a conventional loan. What loan-to-value ratio does this financing produce?

    • A. 25%
    • B. 133%
    • C. 75%
    • D. 68%
    Show answer & explanation

    Answer: C
    The loan amount is the purchase price minus the down payment, or $162,000, and dividing that loan amount by the $216,000 price gives a loan-to-value ratio of 75 percent. Dividing the down payment itself by the price instead produces the down-payment ratio rather than the LTV, using an incorrect denominator produces a distorted percentage, and inverting the loan and price figures produces a ratio above 100 percent, which cannot represent a normal loan-to-value figure.

  43. 43. Based on the 75% loan-to-value ratio from that Aberdeen purchase, would this buyer typically be required to carry private mortgage insurance on a conventional loan?

    • A. No, because conventional financing at or below an 80% loan-to-value threshold typically does not require it
    • B. Yes, because any loan-to-value ratio under 100% requires mortgage insurance
    • C. Yes, because this type of loan always requires mortgage insurance regardless of the down payment
    • D. No, because government-backed loans never require any form of mortgage insurance
    Show answer & explanation

    Answer: A
    Conventional lenders commonly waive private mortgage insurance once a buyer's loan-to-value ratio is at or below roughly 80 percent, and a 75 percent ratio falls comfortably under that threshold. It is not true that any ratio short of full cash payment triggers mortgage insurance, this scenario doesn't involve a loan type that always requires it, and government-backed loans in general are a separate category with their own, often mandatory, insurance requirements rather than none at all.

  44. 44. Managing a rental duplex near Philip, an investor finances the purchase with a fixed-rate, fully amortizing loan. As the loan term progresses toward maturity, what happens to the portion of each level payment applied to principal versus interest?

    • A. The interest portion gradually increases while the principal portion decreases
    • B. Both the principal and interest portions grow at an equal rate throughout the loan
    • C. The principal portion gradually increases while the interest portion decreases, even though the total payment stays level
    • D. The entire payment goes toward principal first and then switches entirely to interest later
    Show answer & explanation

    Answer: C
    In a level-payment amortizing loan, the total payment stays constant, but because interest is charged on the shrinking outstanding balance, the interest portion of each payment steadily decreases while the principal portion steadily increases over the loan term. The relationship does not move in the opposite direction, the two portions do not grow together, and payments are never split so that one component is paid off entirely before the other begins.

  45. 45. "Wait, don't I owe her something for the taxes she already paid?" a buyer asks mid-closing near Canton, after learning the seller — settling her late husband's estate — had already paid the full year's property taxes in advance ahead of this mid-year closing. What typically happens regarding those prepaid taxes?

    • A. The buyer reimburses the seller a prorated share of the prepaid taxes covering the buyer's portion of the remaining year
    • B. The buyer pays nothing, because property taxes are never prorated at closing
    • C. The seller simply forfeits the prepaid taxes as an ordinary cost of selling
    • D. The county automatically refunds the seller directly, with no buyer involvement at all
    Show answer & explanation

    Answer: A
    Because the seller already paid taxes covering time the buyer will actually own the property, closing statements prorate those prepaid taxes so the buyer reimburses the seller for the portion of the year the buyer will benefit from. Taxes are routinely prorated rather than ignored, the seller isn't expected to simply absorb a cost covering a period she no longer owns the property, and this reimbursement happens between the parties at closing rather than through a county refund.

  46. 46. As two ranching-supply store partners near De Smet negotiate a buyout of one partner's half-interest in their jointly owned building, an appraiser applies the income approach using the property's $51,300 net operating income and a 5.4% capitalization rate drawn from recent comparable sales in the area. What value does the income approach indicate?

    • A. $277,020
    • B. $1,140,000
    • C. $950,000
    • D. $513,000
    Show answer & explanation

    Answer: C
    The income approach derives value by dividing net operating income by the capitalization rate, and $51,300 divided by 0.054 yields an indicated value of $950,000. Dividing by a transposed 4.5% rate instead of the stated 5.4% produces the higher $1,140,000 figure, multiplying the net income by the cap rate expressed as a whole number instead of dividing by its decimal form produces the far smaller $277,020 figure, and simply multiplying the net income by ten produces another mismatched $513,000 result.

  47. 47. An investment property near Pierre is listed at $228,800 and rents for $1,760 per month. What is this property's gross rent multiplier?

    • A. 13.0
    • B. 10.8
    • C. 130
    • D. 1,300
    Show answer & explanation

    Answer: C
    The gross rent multiplier is calculated by dividing the sale price by the monthly rent, and $228,800 divided by $1,760 equals 130. Dividing the price by the annualized rent instead of the monthly figure produces a much smaller number, and simple decimal-placement errors in either direction produce the other mismatched figures rather than reflecting the correct monthly-rent calculation.

  48. 48. An appraiser valuing a unique, custom-built home near Custer, for which there are very few comparable recent sales, instead estimates the land value plus the cost to reproduce the structure, minus depreciation. Which valuation approach is this?

    • A. The cost approach
    • B. The sales comparison approach
    • C. The income approach
    • D. A market extraction method used exclusively to isolate land value
    Show answer & explanation

    Answer: A
    Estimating land value plus reproduction or replacement cost minus depreciation is the cost approach, which is especially useful for unique or special-purpose properties that lack good comparable sales data. The sales comparison approach relies on comparable sales that are scarce here, the income approach capitalizes rental income rather than estimating construction cost, and market extraction is a narrower technique sometimes used within land valuation, not a full description of this overall method.

  49. 49. A vacant agricultural parcel near Brookings could continue to be farmed, or it could be subdivided for residential development that would yield substantially higher value, and that development is legally permitted, physically possible, and financially feasible. On what basis should an appraiser value this land?

    • A. Whichever use would require the least cost to achieve
    • B. Its current agricultural use only, since that reflects its existing condition
    • C. The average of the values implied by both potential uses
    • D. Its highest and best use, even though that differs from its current use
    Show answer & explanation

    Answer: D
    When a more valuable use is legally permissible, physically possible, and financially feasible, appraisal principles call for valuing land based on that highest and best use rather than only its present use, since that reasonably probable use is what a rational buyer would pay for. Valuing solely on current agricultural use would understate the land's potential, averaging two different use-based values isn't a recognized valuation method, and cost to achieve a use has no direct bearing on which use represents the greatest supportable value.

  50. 50. An older farmhouse near Yankton has a structurally sound foundation and roof, but its single, outdated bathroom no longer matches typical buyer expectations for the area. What type of depreciation does this outdated layout represent?

    • A. Physical deterioration from ordinary wear and tear
    • B. A miscalculation of the improvement's effective age
    • C. Functional obsolescence, a design or utility deficiency relative to current buyer expectations
    • D. External, or economic, obsolescence caused by factors outside the property
    Show answer & explanation

    Answer: C
    A design or feature that has fallen out of step with current market expectations, such as an inadequate bathroom count, is functional obsolescence, a deficiency in the property's own utility or layout rather than physical wear. Physical deterioration instead describes actual wear and tear on structural components, external obsolescence arises from factors entirely outside the property such as changing surrounding land uses, and effective age is a separate concept describing perceived condition rather than a design flaw.

  51. 51. Managing rentals for several out-of-state owners near Flandreau, a broker deposits a tenant's security deposit check directly into the brokerage's personal operating account instead of a separate trust or escrow account. What is this practice an example of?

    • A. A violation only if the tenant or owner specifically files a complaint about it
    • B. A minor issue that is only a problem if the funds are not repaid within 30 days
    • C. Acceptable accounting practice as long as the funds are internally tracked
    • D. Commingling of client funds with personal or business funds, a serious ethical and legal violation
    Show answer & explanation

    Answer: D
    Depositing a client's trust money into a broker's own operating account mixes client funds with the brokerage's own money, which is commingling, a serious breach of the duty to safeguard client funds regardless of internal tracking or eventual repayment. Internal tracking does not cure the underlying violation, a time-limited grace period for repayment does not exist for this rule, and the violation occurs at the moment funds are mishandled, independent of whether anyone later files a complaint.

  52. 52. "We should all just agree to charge the same commission — why compete on price?" one broker suggests during an informal meetup of competing brokers near Lemmon, and the group agrees to all charge the exact same standard commission rate going forward. What does this agreement constitute?

    • A. Acceptable, since commission rates are typically standardized through the multiple listing service
    • B. A normal and entirely legal industry practice
    • C. Illegal price fixing under antitrust law, since commission rates must be independently set by each brokerage
    • D. Illegal only if the agreement is reduced to a signed, written contract
    Show answer & explanation

    Answer: C
    Competing brokerages agreeing among themselves to charge identical commission rates is illegal price fixing under antitrust law, because each brokerage is expected to set its own rates independently based on its own business judgment. It makes no difference whether the agreement is ever put in writing, and commission rates are not, and cannot legally be, standardized or dictated through the MLS or any collective industry arrangement.

  53. 53. A buyer near Mitchell begins working closely with an agent, sharing details about her situation, before the agent has said anything about which party he actually represents in the transaction. What does general best practice around agency disclosure call for here?

    • A. Disclosure should occur at first substantive contact, before any confidential information is shared
    • B. Agency relationship disclosure should occur at first substantive contact, before any confidential information is shared
    • C. Disclosure is optional if the agent works for an unusually large brokerage
    • D. Disclosure is only required if the buyer directly asks who the agent represents
    Show answer & explanation

    Answer: B
    Best practice calls for an agent to disclose who he represents at the first substantive, meaningful contact with a party, before that party shares information that could compromise their interests if the agent turns out to represent someone else. Waiting until the buyer happens to ask, treating disclosure as optional based on brokerage size, or delaying until later in the relationship all risk the buyer unknowingly sharing sensitive information with someone who does not actually represent her.

  54. 54. A broker near Vermillion learns that a competing agent's sellers are unhappy with their current representation, and directly contacts those sellers urging them to cancel their active exclusive listing agreement and list with him instead. What is the concern with this conduct?

    • A. This violates the ethical principle against interfering with another broker's existing exclusive agency relationship
    • B. This is acceptable competitive practice with no ethical issue at all
    • C. This is permitted as long as the broker never offers to reduce his commission
    • D. This is only improper if the other broker later files a lawsuit over it
    Show answer & explanation

    Answer: A
    Contacting a seller who is already bound by an active exclusive listing agreement to solicit that business away amounts to improperly interfering with another broker's existing agency relationship, a recognized ethical violation in the industry. It is not simply fair competition, does not become improper only if a lawsuit is filed, and offering or withholding a discounted commission has nothing to do with whether the underlying interference occurred.

  55. 55. A listing agent near Spearfish receives multiple competing offers on a property and, without the seller's authorization, tells one buyer's agent the exact price and terms of a rival offer, hoping to induce a higher bid that would benefit the seller. What is the problem with this disclosure?

    • A. This is only unethical if the disclosed competing offer later turns out to have been fabricated
    • B. None; all submitted offers automatically become public record once received
    • C. Disclosing confidential offer terms without the seller's authorization breaches the duty of confidentiality owed to the seller, even if well-intentioned
    • D. None; this is required practice to ensure the seller gets top dollar
    Show answer & explanation

    Answer: C
    Even when an agent believes disclosing a rival offer's terms might help the seller, doing so without the seller's authorization breaches the duty of confidentiality the agent owes to that seller over the details of the negotiation, since the decision of what to reveal belongs to the client, not the agent. It is not a required or standard practice, the ethical problem exists regardless of whether the other offer turns out to be genuine, and competing offers are not treated as public information simply by virtue of being submitted.

  56. 56. Which protected characteristic makes it a potential violation of federal fair housing law when a property management company near Britton rejects a rental application solely because the applicants have three young children living at home?

    • A. Source of income
    • B. Familial status, a protected class under the federal Fair Housing Act
    • C. Marital status
    • D. The property manager's own age
    Show answer & explanation

    Answer: B
    Rejecting an application because the household includes children implicates familial status, one of the classes federally protected under the Fair Housing Act. Source of income and marital status are not classes protected under the federal Fair Housing Act itself, even though some states or localities separately protect them, and the property manager's own age has no bearing on a discrimination claim of this kind.

  57. 57. A lender near Pierre systematically denies mortgage applications within a specific area that is heavily populated by minority residents, regardless of any individual applicant's actual creditworthiness. What is this discriminatory lending practice called?

    • A. Redlining, an illegal discriminatory lending practice based on geographic or demographic factors
    • B. Steering
    • C. Blockbusting
    • D. Standard risk-based underwriting
    Show answer & explanation

    Answer: A
    Denying credit across an entire geographic area based on its demographic makeup, rather than evaluating individual applicants' creditworthiness, is redlining, an illegal practice targeted by fair lending law. Steering involves directing buyers to certain neighborhoods rather than a lender's blanket area-based denials, blockbusting involves inducing panic sales, and legitimate risk-based underwriting evaluates each applicant's own financial profile rather than automatically rejecting everyone in a given area.

  58. 58. A tenant near Brookings who has a mobility disability asks her landlord for permission to keep a service animal despite the property's stated no-pets policy. What is the landlord generally required to do?

    • A. Require the tenant to relocate to a different unit that permits pets instead
    • B. Generally grant reasonable accommodations for a person with a disability, since an assistance animal isn't treated as a 'pet' under fair housing law
    • C. Deny the request, since the no-pets policy applies equally to every tenant
    • D. Grant the request but charge an additional pet deposit for the animal
    Show answer & explanation

    Answer: B
    Fair housing law generally requires landlords to make reasonable accommodations for tenants with disabilities, and an assistance or service animal needed because of a disability is treated as a reasonable accommodation rather than as an ordinary pet subject to a no-pets policy. A policy that applies uniformly on paper cannot be used to deny a legally required accommodation, extra pet-related deposits or fees for an assistance animal are typically improper, and shifting the tenant to a different unit is not a substitute for granting the requested accommodation in her current unit.

  59. 59. A lender near Watertown denies a consumer's credit application and, when the applicant asks why, initially refuses to give any explanation. What does the Equal Credit Opportunity Act generally require of the lender in this situation?

    • A. The Equal Credit Opportunity Act only applies to mortgage loans, not other forms of consumer credit
    • B. The lender has no obligation to ever explain a credit denial to the applicant
    • C. The lender must automatically approve any subsequent reapplication from the same applicant
    • D. The lender must generally provide the applicant the specific reasons for denial, or notify them of their right to request those reasons, within a set timeframe
    Show answer & explanation

    Answer: D
    The Equal Credit Opportunity Act generally requires creditors to notify applicants of adverse action and to provide the specific reasons for a credit denial, or notify the applicant of the right to request those reasons, within a defined timeframe, rather than leaving the applicant with no explanation at all. It does not exempt lenders from ever explaining a denial, does not force automatic approval of a later application, and applies broadly across many forms of consumer credit rather than being limited only to mortgage lending.

  60. 60. A licensee near Yankton is the subject of a consumer complaint about her conduct during a transaction. Which entity holds primary regulatory authority over her South Dakota real estate license?

    • A. A national real estate trade association
    • B. The South Dakota Real Estate Commission
    • C. The regional multiple listing service board
    • D. The local county register of deeds
    Show answer & explanation

    Answer: B
    Primary regulatory authority over South Dakota real estate licensees rests with the South Dakota Real Estate Commission, the state body responsible for licensing and disciplinary oversight. A county register of deeds handles land records rather than license discipline, a national trade association is a voluntary membership organization with no regulatory license authority, and an MLS board governs listing-data cooperation rather than licensee conduct.

  61. 61. A consumer near Yankton wants to verify whether someone offering to help sell her home is actually properly licensed in South Dakota before signing anything with him. Where would this be authoritatively confirmed?

    • A. Through the seller's title insurance company
    • B. Through the local Chamber of Commerce
    • C. Through records maintained by the South Dakota Real Estate Commission, the state's licensing authority
    • D. There is no way to verify this, since licensing status is entirely self-reported
    Show answer & explanation

    Answer: C
    Because the South Dakota Real Estate Commission is the state agency that issues and tracks real estate licenses, its records are the authoritative source for confirming whether a particular person actually holds a valid license. A Chamber of Commerce is a business membership organization with no licensing role, a title insurance company evaluates title matters rather than agent credentials, and licensing status is a matter of official record rather than something purely self-reported with no way to verify.

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Key facts: South Dakota Real Estate exam

75% on each portion
To pass

The South Dakota Real Estate is administered by South Dakota Real Estate Commission, with a 75% on each portion (national 90 items; state 52 items) result.

This free South Dakota Real Estate practice test has 61 original questions written to South Dakota Real Estate Commission's official content outline, last checked against it on August 11, 2026. Every question shows a worked explanation, and nothing here requires a signup.

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Frequently asked questions

How many questions are on the South Dakota Broker Associate exam?

The exam is split into two portions: a 90-item national portion and a 52-item South Dakota state portion. Practicing separately for each portion helps you build the right pace, since they're scored and timed independently.

What score do I need to pass on a practice test?

Aim for at least 75% on each portion, since that's the passing score required on both the national and state portions of the real exam. Treat each portion as its own pass/fail target rather than averaging them together.

What topics should a good practice test cover?

A solid practice set should weight national-portion questions toward Agency, Contracts, Practice of Real Estate, and Property Ownership, since those carry the largest shares of that portion. On the state side, expect the bulk of questions to come from Statutory Requirements Governing the Activities of Licensees.

Is this South Dakota Broker Associate practice test free and does it require signup?

Yes, this practice test is free to use and doesn't require creating an account or providing payment information.

How should I use a practice test to prepare for both exam portions?

Take timed practice runs that mirror the real format — 150 minutes for a national-length set and 120 minutes for a state-length set — then review missed questions by content area so you know whether to focus more on national real estate concepts or South Dakota licensing law.

Does the 116-hour prelicensing course map to what's on the exam?

Yes. The state requires a 116-hour prelicensing course before you're eligible to sit for the exam, and that course is designed to cover the same national real estate topics and South Dakota statutory material the exam tests.