North Dakota Administrative Code

Each prelicensure course shall include examinations as a component to determine successful course completion. The weight of examinations as the determination of successful completion of a course and the criteria for passing of examinations may be developed by each school. However…

Each school shall issue to the students successfully completing a course of instruction an official certificate of completion which reflects the school's name, course title, and number of classroom hours (or other recognized educational unit) involved in the course. Such certific…

Repealed effective July 1, 2022.

Repealed effective July 1, 2022. 3

Repealed effective July 1, 2022.

Repealed effective July 1, 2022.

Online-only asynchronous prelicensure courses must be certified by the association of real estate license law officials before being approved by the commission. A student must complete the online-only asynchronous prelicensure course within one year of the date of enrollment. His…

The commission shall have the power to investigate and to discipline a licensee upon violation by a licensee of any provisions of the licensee responsibilities. History: Amended effective January 1, 1992; April 1, 2008; July 1, 2022. General Authority: NDCC 28-32-02, 43-23-08 Law…

Repealed effective January 1, 1992.

1. Definition. As used in this section, the terms "advertise", "advertising", and "advertisement" include all forms of representation, promotion, and solicitation disseminated in any manner and by any means of communication for any purpose related to real estate brokerage activit…

A licensed broker in this state may divide or share a real estate commission with a licensed broker in another state if the latter broker does not carry on any of the negotiations in this state either by physically entering the state or by communicating with the broker electronic…

In instances where residential real property consists of separate dwelling units for one through four families, the licensee shall obtain a signed listing agreement in writing from the seller, properly identifying the listed property and containing all of the terms and conditions…

All listing contracts or sales contracts must state the amount of brokerage agreed; either a specific amount or a specific percentage. General Authority: NDCC 43-23-11.1(1) Law Implemented: NDCC 43-23-11.1(1)

In instances where residential real property consists of separate dwelling units for one through four families, a licensee must obtain a signed buyer's broker agreement from a buyer before performing any act as a buyer's representative. All buyer's broker agreements must be in wr…

A licensee shall promptly tender to the seller every written offer to purchase obtained on the property involved and, upon obtaining a proper acceptance of the offer to purchase, shall promptly deliver true executed copies of same, signed by the seller and purchaser, to both sell…

In every real estate sales transaction wherein the closing is handled by an attorney, bank, or similarly recognized individual or group other than a real estate broker, it shall be the responsibility of the broker involved to see the party or parties represented by the broker rec…

No licensee should engage in activities that constitute the practice of law and should recommend that title be examined and legal counsel be obtained when the interest of either party requires it. General Authority: NDCC 43-23-11.1(1) Law Implemented: NDCC 43-23-11.1(1)

Any licensee who uses, proposes the use of, agrees to the use of, or knowingly permits the use of any contract of sale, earnest money agreement, loan application, mortgage, note, or other document, which is not made known to the prospective lender or the loan guarantor, to enable…

No signs shall be placed on any property for its sale or lease without the consent of the owner, or the owner's duly authorized agent. History: Amended effective April 1, 2008. General Authority: NDCC 28-32-02 Law Implemented: NDCC 43-23-11.1(1)

A real estate licensee shall not negotiate a sale, exchange, lease, or listing contract of real property directly with an owner for compensation from the owner or a purchase, exchange, lease, or exclusive right to buy contract with a buyer, if the licensee knows that the owner or…

When for any reason the owner fails, refuses, neglects, or is unable to consummate the transaction as provided for in the contract, and through no fault or neglect of the purchaser the real estate transaction cannot be completed, the broker has no right to any portion of the depo…

1. A broker shall not, either directly or indirectly, buy for oneself property listed with the broker or as to which the broker has been approached by the owner to act as broker, nor shall the broker acquire interest in any other property therein, either directly or indirectly, w…

A broker or salesperson shall not accept any note or any nonnegotiable instrument or anything of value not readily negotiable as a deposit on a contract or offer to purchase without the knowledge and permission of the broker's or salesperson's principal. History: Amended effectiv…

In all real estate transactions the licensee is the agent of the seller unless all parties otherwise agree in writing. The agency relationship must be disclosed in writing to the parties before the signing of a written contractual agreement. The disclosure language must state at …

1. As used in this section, unless the context or subject matter otherwise requires: a. "Dual agency" means a situation in which a licensee owes a duty to more than one party to the real estate transaction. Dual agency is established as follows: (1) When one licensee represents b…

In all real estate transactions in which the licensee performs services for a customer, as that term is defined by North Dakota Century Code section 43-23-06.1, the licensee must disclose the nonagency relationship in writing to the customer. This document must be signed by the c…

disclosure. A broker or salesperson acting in his own behalf shall disclose his licensed status in writing to any person with whom he purchases, sells, exchanges, or options real property. All the terms and conditions of the transaction as agreed upon must be in writing, properly…

1. Appointed agent procedures and disclosure. a. A designated broker appointing a licensee to act as an agent of a client shall take ordinary and necessary care to protect confidential information disclosed by the client to the appointed agent. b. An appointed agent may reveal to…

As used in this chapter, continuing education, unless the context otherwise requires, means education in areas related to real estate, which has been approved by the commission, to maintain and improve the professional skills and upgrade the standard of all real estate licensees,…

To qualify for the renewal of a real estate license, each broker or salesperson must complete twelve hours of continuing education in approved courses every continuing education period. The continuing education period is twelve months preceding the renewal application deadline da…

An hour of continuing education is fifty minutes. Time spent on breaks does not count toward the fifty-minute hour. History: Effective August 1, 1981; amended effective July 1, 2022. General Authority: NDCC 28-32-02, 43-23-08, 43-23-08.2 Law Implemented: NDCC 43-23-08.2 2…

The commission may make exceptions and grant extensions for continuing education as follows: 1. For reasons of health, military service, or other good cause if adequate proof is provided to the commission; and 2. A nonresident licensee is exempted from the continuing education re…

The following courses will not be considered as qualifying for continuing education purposes: 1. Courses in general office and business skills, such as report writing. 2. Sales promotion or other meetings held in conjunction with the general business of the licensee's broker. 3. …

The commission may approve education provided by a course sponsor, such as the commission, a public or private school, organization, association, person, corporation, society, or similar organization. The commission, when acting on an application for approval of a course, will co…

A course sponsor shall apply for approval of courses in a form prescribed by the commission. The application form shall include: 1. The name, address, telephone number, and website of the course sponsor. 2. The name and electronic mail address of the course coordinator. 3. The ti…

Application for course approvals must be filed thirty days preceding the proposed public offering. History: Effective August 1, 1981. General Authority: NDCC 43-23-08.2 Law Implemented: NDCC 43-23-08.2 4

A course sponsor may seek approval of a course subsequent to a course offering by submitting all information requested on the commission's application forms. History: Effective August 1, 1981; amended effective July 1, 2022. General Authority: NDCC 28-32-02, 43-23-08, 43-23-08.2 …

The course coordinator or instructor of each approved real estate offering shall promptly notify the commission of any material changes contained in the application for approval or attached exhibits. Changes shall be deemed acceptable to the commission if no action has been taken…

The commission may deny, suspend, or revoke approval of a real estate course, coordinator, or instructor if it is determined that it is not in compliance with the statute or rules and regulations. If disciplinary action is taken a written order of suspension, revocation, or denia…

Repealed effective July 1, 2022.

Courses may not be taken for continuing education more than once during any continuing education period, unless material has been significantly changed, or updated, or both. History: Effective August 1, 1981; amended effective December 1, 1999; July 1, 2010; July 1, 2022. General…

Repealed effective July 1, 2022.

Any salesperson who completed the prerequisite ninety hours of course of study to obtain a license is exempt from the continuing education requirement for the first license renewal. Any broker, upon successful completion of the real estate broker licensing examination is exempt f…

Instructors who are licensees may request one-hour credit for every hour as an instructor of a unique course, not to exceed fifty percent of the continuing education requirement for any continuation education period and not to replace any mandatory continuing education requiremen…

In addition to other responsibilities imposed on course sponsors, they must comply with the following: 1. Disclose to prospective participants the prerequisites, course content, and number of continuing education hours in the program. 2. Selection and review of instructors. The p…

Repealed effective July 1, 2022.

A certificate of accreditation shall be granted for each course of study approved by the commission. This certificate shall remain valid for a two-year period at which time the course will be reviewed and, if approved, will continue valid for the next two-year period unless suspe…