In South Dakota, which of the following can brokers and salespeople who are not lawyers do regarding real estate contracts?

In South Dakota, brokers and salespeople who are not licensed attorneys have specific limitations when it comes to handling real estate contracts. The correct answer is that they can fill in blanks on preprinted form contracts customarily used in their community.

This is permissible because these preprinted forms are typically designed to cover general terms and conditions necessary for real estate transactions, and the details can be customized to fit the specific situation. By filling in blanks on these forms, real estate professionals can assist clients in completing agreements while remaining compliant with legal guidelines.

Drafting contracts from scratch generally requires legal expertise that only licensed attorneys possess, as it involves creating unique language and terms that may need nuanced legal understanding. Advising clients on legal matters also falls outside the scope of practice for brokers and salespeople, as they are not qualified to provide legal advice. Similarly, although negotiating terms on behalf of clients is part of their role, it must be conducted within the framework of using accepted forms rather than creating new legal documents. This distinction is important for ensuring that all parties are protected and that real estate transactions are handled correctly according to the law.