North Dakota · N.D. Cent. Code §§43-23-11.1, 43-23-14.1North Dakota earnest money: 24 hours to the broker, 24 hours to the bank
A North Dakota salesperson who fails to place real estate trust money – earnest money included – with the employing broker for deposit within 24 hours of receipt, or a broker who fails to deposit it within 24 hours of receiving it from the salesperson, is subject to discipline; money received the day before a holiday or another day the depository is closed is deposited the next business day (N.D. Cent. Code §43-23-11.1(1)(s)). Every broker keeps, in its own or its firm's name, a separate, noninterest-bearing trust account designated as such in a federally insured financial institution in North Dakota, and places in it all funds that aren't its own, including earnest money; it may keep up to $500 of its own money there for service charges, and keeps the books, records and contracts needed to check the account at its place of business, open to the commission's inspection (§43-23-14.1). A broker that doesn't accept trust funds may get a waiver from the commission, but must open a trust account if it later receives trust funds (§43-23-14.1).
The rules
1. 24 + 24 hours (§43-23-11.1(1)(s))
Salesperson to broker within 24 hours; broker to the bank within 24 hours.
2. Holidays
Received before a holiday or a closed day: deposited the next business day.
3. Trust account (§43-23-14.1)
Separate, noninterest-bearing, in a federally insured North Dakota institution.
4. Records
Books, records and contracts at the broker's place of business, open to the commission.
What the TC can do
- Note when the earnest money was received and confirm the deposit within the two 24-hour windows.
- Adjust for holidays and days the bank is closed.
- Get the trust account deposit receipt into the file.
Questions about North Dakota earnest money
How fast must North Dakota earnest money be deposited?
The salesperson places it with the broker within 24 hours of receipt, and the broker deposits it within 24 hours of receiving it; before a holiday or closed day, the next business day (N.D. Cent. Code §43-23-11.1(1)(s)).
Does a North Dakota trust account earn interest?
No – the statute requires a separate, noninterest-bearing trust account in a North Dakota institution (§43-23-14.1).
Related guides
Track the earnest money deposit as a task in ClosingCode, with an owner and a due date.
Start free trialSource: North Dakota Century Code §§43-23-11.1 and 43-23-14.1 (ndlegis.gov, read October 26, 2026).
General information, not legal advice. ClosingCode is software; it is not a law firm or brokerage. This guide is not a substitute for the advice or services of an attorney.