Agency

In South Dakota, an agent who continues to represent a seller after the listing has expired without a written renewal agreement is:

AOperating under an implied renewal of the listing
BOperating without authority, as agency requires an express agreement to be binding✓ Correct
CProtected by the automatic holdover provisions in most listing agreements
DEntitled to a commission if they find a buyer

Explanation

When a listing agreement expires, the agent no longer has authority to represent the seller unless a new agreement is executed. Continuing to act as the seller's agent after expiration is acting without authority, which could expose the agent to liability and undermine any commission claim.

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