Agency Relationships in North Dakota
North Dakota requires licensees to disclose whom they represent and defines the recognized agency relationships. This chapter explains the agency disclosure and seller, buyer, and dual agency.
Agency Disclosure
North Dakota licensees must disclose their agency relationship, identifying whom they represent, early in the relationship with a consumer, before the consumer shares confidential information. The disclosure helps a consumer understand whether the licensee represents the buyer, the seller, or both, and prevents confusion about whose interests the licensee advances. A licensee must deal honestly with the party who is not the client.
Seller's Agent and Buyer's Agent
A seller's agent represents the seller and owes that client duties of loyalty, confidentiality, obedience to lawful instructions, disclosure, reasonable care, and accounting; a buyer's agent owes those same duties to the buyer. In every case the licensee owes the other party honesty and fair dealing and must disclose known material defects in the property.
Dual Agency and Consent
A licensee may represent both the buyer and the seller as a dual agent in the same transaction only with the informed written consent of both parties. A dual agent must treat both clients fairly and may not disclose one party's confidential information, such as negotiating position, to the other. Without the required consent, the licensee may represent only one side of the transaction.
State-specific details
State exam facts
- State regulator
- North Dakota Real Estate Commission (NDREC)
- Exam vendor
- Pearson VUE
- Prelicensing education
- 90 hours (pre-licensing course, required since January 1, 2021)
How many prelicensing hours does North Dakota require to become a real estate agent?
Since January 1, 2021, North Dakota salesperson applicants must complete a 90-hour pre-licensing course approved by the Commission before licensing.
Who licenses real estate agents in North Dakota?
The North Dakota Real Estate Commission (NDREC) licenses salespersons and brokers. NDREC uses Pearson VUE to deliver the exam.
How is the North Dakota salesperson exam structured?
The North Dakota salesperson exam is delivered by Pearson VUE with a national portion and a North Dakota state portion, scored separately; you must pass both. Confirm the current scored-question counts in the Pearson VUE Candidate Handbook.
Sources: https://realestatend.org/how-to-apply/, https://home.pearsonvue.com/nd/realestate
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