North Dakota Real Estate License Law (NDCC 43-23)
North Dakota real estate practice is governed by NDCC Chapter 43-23 and administered by the North Dakota Real Estate Commission. This chapter covers the Commission's authority, the roles of broker and salesperson, and grounds for discipline.
The North Dakota Real Estate Commission
The North Dakota Real Estate Commission administers NDCC Chapter 43-23, which requires a license for anyone who, for another and for compensation, sells, lists, leases, or negotiates real estate. The Commission licenses brokers and salespersons, adopts rules, investigates complaints, and may deny, suspend, or revoke a license and impose penalties. Practicing without a required license is subject to enforcement.
Broker and Salesperson
A salesperson holds an entry-level license and must be licensed under and supervised by a licensed broker; a salesperson may not operate independently. A broker is responsible for supervising affiliated salespersons, maintaining trust accounts, and ensuring the office complies with NDCC 43-23. The broker is accountable for the licensed conduct of the salespersons in the firm.
Compensation and Discipline
A North Dakota salesperson may accept compensation for brokerage services only from the employing broker, not directly from a buyer, seller, or another broker. Grounds for discipline include misrepresentation, dishonest or fraudulent dealing, commingling or converting trust funds, and failing to make required disclosures. Serious violations can result in suspension or revocation of the license.