For a buyer-brokerage contract to be enforceable in South Dakota, what is required?

For a buyer-brokerage contract to be enforceable in South Dakota, it is essential that the agreement is in writing. This requirement aligns with the principles of contract law, which generally stipulate that certain types of agreements must be documented in order to be legally binding. The written format helps clarify the terms and obligations of both parties, providing a tangible record that can be referenced in case of disputes or misunderstandings.

In South Dakota, the requirement for written contracts in real estate transactions, including buyer-brokerage agreements, not only ensures transparency but also protects the interests of both the buyer and the brokerage. A written contract details important elements such as the duration of the agreement, the duties and responsibilities of the broker, and any fees or compensation structures. This level of detail minimizes the likelihood of ambiguity, which can lead to potential conflicts.

Verbal agreements may lead to challenges in enforcement due to the lack of documented evidence of terms. While having a witness or filing the contract with the commission might be beneficial safety measures, these are not prerequisites for the enforceability of the buyer-brokerage contract itself under South Dakota law.