Agency
In South Dakota, a real estate agent who recommends their own affiliated title company to a buyer must:
AAlways use their preferred title company on all transactions
BDisclose the affiliated relationship and ensure the buyer understands they can choose another provider✓ Correct
CCharge a higher commission to offset any title company profit-sharing
DGet written authorization from the Real Estate Commission
Explanation
RESPA requires disclosure of affiliated business arrangements (AfBAs) between real estate professionals and title companies, mortgage lenders, or other settlement service providers. The disclosure must inform the buyer that they are not required to use the affiliated provider.
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