North Dakota License Law and the Real Estate Commission
North Dakota real estate practice is governed by North Dakota Century Code Chapter 43-23 and the rules of the North Dakota Real Estate Commission (NDREC). This chapter covers the Commission's authority and the broker credential.
NDREC and Chapter 43-23
The North Dakota Real Estate Commission licenses and regulates brokers and salespersons under NDCC Chapter 43-23. The Commission adopts rules, investigates complaints, and may deny, suspend, or revoke licenses and impose penalties. A person who, for compensation, lists, sells, leases, or negotiates real estate for others must be licensed unless a statutory exemption applies, such as an owner dealing with their own property.
Broker Versus Salesperson
A North Dakota broker license is the higher credential and requires prior licensed experience plus additional broker education before examination. A salesperson performs licensed activity only under a supervising broker and cannot hold escrow independently. A broker may operate a brokerage, hold client trust funds, and supervise affiliated licensees. All licensed activity of a salesperson is conducted in the name of, and under the responsibility of, the supervising broker.
Enforcement
The Commission may discipline licensees for conduct such as commingling or converting trust funds, substantial misrepresentation, failing to make required agency disclosures, and dishonest dealing. Grounds and procedures are set in NDCC Chapter 43-23 and NDREC administrative rules. Because the broker exam and its format are periodically revised, candidates should confirm current requirements with the Commission before applying.