South Dakota Code § 36-21A-146

Certain information not to be disclosed by transaction broker without written consent
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The following information may not be disclosed by the transaction broker without the informed written consent of the customer:
(1) That a buyer is willing to pay more than the asking price or lease rate offered for the property;
(2) That a seller is willing to accept less than the asking price or lease rate for the property;
(3) What the motivating factors are for any customer, buying, selling, or leasing the property;
(4) That a customer will agree to financing terms other than those offered; and
(5) Any confidential information about a party to the transaction to the other party unless the disclosure is required by statute or rule or failure to disclose the information would constitute misrepresentation.

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