Title 43 — Occupations and Professions

This chapter must be known and may be cited as the "Subdivided Lands Disposition Act".

When used in this chapter, unless the context otherwise requires: 1. "Commission" means the state real estate commission. 2. "Disposition" includes sale, lease, assignment, award by lottery, or any other transaction concerning a subdivision, if undertaken for gain or profit. 3. "…

This chapter must be administered by the state real estate commission.

Unless the subdivided lands or the transaction is exempt under section 43-23.1-05, it is unlawful for any person in this state: 1. To offer or to dispose of any interest in subdivided lands located without this state prior to the time that the subdivided lands are registered in a…

1. Unless the method of disposition is adopted for the purpose of evasion of this chapter, the registration provisions of this chapter do not apply to offers or disposition of an interest in land: a. By a purchaser of subdivided lands for the purchaser's own account in a single o…

1. The application for registration of subdivided lands shall be filed as prescribed by the commission and shall contain the following documents and information: a. An irrevocable appointment of the commission to receive service of any lawful process in any noncriminal proceeding…

1. A public offering statement must disclose fully and accurately the physical characteristics of the subdivided lands offered and must make known to prospective purchasers all unusual and material circumstances or features affecting the subdivided lands. The proposed public offe…

Upon receipt of an application for registration in proper form, the commission shall forthwith initiate an examination to determine that: 1. The subdivider can convey or cause to be conveyed the interest in subdivided lands offered for disposition if the purchaser complies with t…

1. Upon receipt of the application for registration in proper form and of a registration fee of one hundred dollars, the commission shall issue a notice of filing to the applicant. Within ninety days from the date of the notice of filing, the commission shall enter an order regis…

1. Within thirty days after each annual anniversary date of an order registering subdivided lands, the subdivider shall file a report in the form prescribed by the commission. The report must reflect any material changes in information contained in the original application for re…

1. The commission has the authority to promulgate, to amend, and to repeal reasonable rules and regulations for the administration and enforcement of this chapter. Such rules and regulations must include, but not be limited to, provisions for advertising standards to assure full …

It is a fraudulent practice, and it is unlawful: 1. For any person knowingly to subscribe to or make or cause to be made any material false statement or representation in any application, financial statement, or other document or statement required to be filed under any provision…

1. The commission shall investigate any subdivision offered for disposition in this state and may: a. Rely upon any relevant information concerning a subdivision obtained from the federal housing administration, the United States veterans administration, or any other federal agen…

1. The commission may issue an order requiring a person to cease and desist from the unlawful practice and to take such affirmative action as in the judgment of the commission will carry out the purposes of this chapter if the commission determines after notice and hearing that a…

1. A registration may be revoked after notice and hearing upon a written finding of fact that the subdivider has: a. Failed to comply with the terms of a cease and desist order; b. Been convicted of an offense determined by the commission to have a direct bearing upon a person's …

A person who has exhausted all administrative remedies available within the commission and who is aggrieved by an order pertaining to registration, a cease and desist order, an order of revocation, or any other final decision of the commission is entitled to judicial review in ac…

No real estate broker, salesperson, or mortgage broker may offer or dispose of subdivided lands within or from this state, except in dispositions and transactions exempt under section 43-23.1-05, unless said real estate broker, salesperson, or mortgage broker is licensed pursuant…

1. Every disposition made in violation of any of the provisions of this chapter, or of any order issued by the commission under any of the provisions of this chapter, is voidable at the election of the purchaser. The person making such disposition, and every director, officer, sa…

Dispositions of subdivided lands are subject to this chapter, and the district courts of this state have jurisdiction in claims for relief arising under this chapter if: 1. The subdivider's principal office is located in this state; or 2. Any offer or disposition of subdivided la…

In proceedings for extradition of a person charged with a crime under this chapter, it need not be shown that the person whose surrender is demanded has fled from justice or at the time of the commission of the crime was in the demanding or other state.

1. In addition to the methods of service provided for in the North Dakota Rules of Civil Procedure and statutes, service may be made by delivering a copy of the process to the office of the commission, but it is not effective unless: a. The plaintiff, which may be the commission …

1. In any action, civil or criminal, when a defense is based upon any exemption provided for in this chapter, the burden of proving the existence of such exemption is upon the party raising such defense. 2. In any action, civil or criminal, a certificate signed and sealed by the …

Any person who willfully violates any provision of this chapter or who willfully violates any rule or regulation or order of the commission made pursuant to the provisions of this chapter, or who engages in any act, practice, or transaction declared by any provision of this chapt…