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North Dakota · Agency disclosureNorth Dakota agency: only by written agreement, with other relationships disclosed in writing

In North Dakota a brokerage firm and its licensees that serve a client through a written agency agreement owe that client loyalty, obedience, disclosure, confidentiality, reasonable care, diligence and accounting (N.D.C.C. §43-23-12.1(1)). The agency relationship must be established through a written agency agreement and may be seller agency, buyer agency, dual agency, appointed agency, subagency or another form; if a different relationship is intended, including a nonagency relationship with a customer, it must be disclosed in writing under the Commission's rules (§43-23-12.1(1)). An unrepresented buyer or seller remains a customer, owed honesty, good faith and disclosure of adverse material facts actually known about the title and physical condition of the property (§43-23-12.1(2)). Dual agency exists only when both the seller and the buyer have written agency agreements with the same firm (§43-23-06.1(6)), and a firm may instead appoint separate agents in writing for each client (§43-23-12.3).

What the statutes set

  1. Written agreement (§43-23-12.1(1))

    Agency must be established through a written agency agreement.

  2. Other relationships (§43-23-12.1(1))

    A nonagency relationship with a customer is disclosed in writing.

  3. Customers (§43-23-12.1(2))

    Honesty, good faith and known adverse material facts about title and condition.

  4. Dual or appointed (§§43-23-06.1(6), 43-23-12.3)

    Dual only with written agreements on both sides; appointed agents named in writing.

What the TC checks in a North Dakota file

  • The written agency agreement for each represented party.
  • A written disclosure where the firm works with a party as a customer.
  • Written appointment of agents, or dual agency disclosures, when one firm serves both sides.

Questions about North Dakota agency

Does North Dakota require a written agency agreement?

Yes. The agency relationship must be established through a written agency agreement (N.D.C.C. §43-23-12.1(1)).

What does a North Dakota licensee owe an unrepresented buyer?

Honesty, good faith and disclosure of adverse material facts actually known about the title and physical condition of the property (N.D.C.C. §43-23-12.1(2)).

Related guides

Track the written agency agreements and disclosures as documents on the deal in ClosingCode.

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Sources: N.D.C.C. §§43-23-06.1, 43-23-12.1, 43-23-12.3 (ndlegis.gov), read October 31, 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.