If Amy, the qualifying responsible broker, passes away, what must her son Adam do to take over her listings?

Prepare for the South Dakota Real Estate Test. Ace your exam with flashcards and multiple choice questions. Each question is supported with hints and explanations to help you succeed!

To take over Amy’s listings after her passing, Adam must write all new listing agreements. In real estate, listing agreements are contracts between a broker and a seller that grant the broker the right to sell the property. When a broker passes away, the original agreements are typically void or terminate due to the inability of the deceased to fulfill the contract.

Re-establishing a legal basis for representing the listings requires Adam to create new agreements with the clients. This ensures that all parties involved—both the sellers and the brokerage—are protected under new contracts that include Adam as the qualifying responsible broker. Moreover, new agreements allow for any necessary updates or changes that may be relevant to the transition of management.

It's important to note that simply maintaining existing agreements or just notifying clients does not provide the legal foundation necessary for Adam to act as their new broker. Additionally, waiting for a period of mourning has no basis in the legal responsibilities of real estate practice, as timely communication and action are crucial in the real estate industry to avoid losing clients or jeopardizing listings.

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