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ND HB1430

Bill

Status

Passed

4/11/2011

Primary Sponsor

Dave Weiler

Click for details

Origin

House of Representatives

62nd Legislative Assembly

AI Summary

  • Amends definitions in North Dakota Century Code sections 43-23-06.1 and 43-23-12.1 related to real estate brokerage practices and terminology.

  • Clarifies that "dual agency" exists only when both buyer and seller have written agency agreements with the same real estate brokerage firm, and that subagency arrangements do not constitute written agency agreements for dual agency purposes.

  • Specifies that real estate brokerage firms and their licensees owe clients duties of loyalty, obedience, disclosure, confidentiality, reasonable care, diligence, and accounting through written agency agreements.

  • Establishes that customers not represented by a brokerage firm are nonagents owed limited duties: performing customary acts, acting with honesty and good faith, and disclosing adverse material facts about property title, physical condition, and defects.

  • Permits real estate brokerage firms to represent multiple competing buyers or sellers as clients without breaching duties, except that individual licensees with competing buyer clients must disclose when other competing written offers have been submitted.

Legislative Description

Definitions and the duties of real estate brokerage firms.

Last Action

Filed with Secretary Of State 04/11

4/14/2011

Committee Referrals

Industry, Business, and Labor1/17/2011

Full Bill Text

No bill text available