455 questions

North Dakota Real Estate Practice

A North Dakota buyer asks whether a house was the site of a homicide. The licensee must:

  • a.Ask the owner and report the owner's response to the buyer✓
  • b.Disclose the fact in writing before any showing
  • c.Answer from the licensee's own research of police records
  • d.Refuse to discuss the subject with the buyer at all

A psychologically impacted property is not a material fact that must be volunteered, but if a prospective purchaser asks, the licensee must inquire of the owner whether there are facts or suspicions and advise the purchaser of the owner's response, including a refusal to answer. Cite: N.D.A.C. 70-02-01-20.

North Dakota Real Estate Practice

When a licensee represents a party to the sale of a North Dakota home of no more than four units, the seller must give the buyer:

  • a.A written property disclosure before final acceptance✓
  • b.A certified home inspection report paid for by the seller
  • c.A warranty against defects for one year after closing
  • d.Nothing; North Dakota follows pure caveat emptor

Where a licensee represents or assists a party and the property is a residential dwelling of no more than four units, the seller must prepare and make available a written disclosure of all material facts the seller is aware could adversely and significantly affect an ordinary buyer's use and enjoyment, before the parties sign final acceptance. Cite: N.D.C.C. 47-10-02.1.

North Dakota Real Estate Practice

Since August 1, 2025, a seller of North Dakota residential real property must disclose in writing:

  • a.The price the seller paid for the property
  • b.The name of every prior occupant of the property
  • c.The seller's reason for selling the property
  • d.Any knowledge the seller has of radon in the property✓

Before executing an agreement to sell or transfer residential real property, the seller must disclose in writing any knowledge of radon concentrations, deliver the statutory radon warning for the buyer to acknowledge, and provide any available test results and evidence of mitigation. The Commission's disclosure form notes the requirement began August 1, 2025. Cite: N.D.C.C. 47-10-02.2.

North Dakota Real Estate Practice

A North Dakota seller of a home governed by a homeowners' association must deliver the association documents:

  • a.By an agreed date or within ten days of the agreement✓
  • b.Only if the buyer requests them in writing
  • c.At the first showing of the property
  • d.Within thirty days after the closing of the sale has occurred

By a mutually agreed upon date, or within ten days of executing the agreement, the seller must deliver budgets, bylaws, assessment information, insurance and litigation statements and related records. The contract stays voidable by the buyer until the documents are provided and for five days after receipt. Cite: N.D.C.C. 47-10-02.3(2).

North Dakota Real Estate Practice

A North Dakota buyer offers a promissory note instead of a cash earnest money deposit. The licensee may accept it:

  • a.Only with the knowledge and permission of the principal✓
  • b.Only if the note is secured by other real property
  • c.Only after the purchase agreement has closed
  • d.Never, under any circumstances

A broker or salesperson may not accept a note, any nonnegotiable instrument, or anything of value that is not readily negotiable as a deposit without the knowledge and permission of the principal. Cite: N.D.A.C. 70-02-03-14.

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