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ND HB1190

Bill

Status

Passed

3/23/2023

Primary Sponsor

Scott Louser

Click for details

Origin

House of Representatives

68th Legislative Assembly

AI Summary

  • Amends North Dakota Century Code Chapter 43-23 to add new definitions and protections for real estate transactions, including "appointed agent," "client," "customer," and "designated broker."

  • Creates exception to real estate broker licensing for persons who publicly market equitable interests in real estate contracts, clarifying that such activity constitutes brokerage and requires licensing.

  • Establishes new disclosure requirements for wholesalers of residential real property (fewer than five dwelling units) to inform all parties in writing that they hold an equitable interest, may not convey title, and intend to profit from the transfer.

  • Grants sellers the right to cancel contracts without penalty and retain earnest money if a wholesaler violates disclosure requirements before close of escrow.

  • Grants buyers the right to cancel contracts without penalty and receive full refund of earnest money if a wholesaler violates disclosure requirements before close of escrow.

Legislative Description

Practicing as a real estate broker or salesperson.

Last Action

Filed with Secretary Of State 03/23

3/24/2023

Committee Referrals

Industry and Business2/15/2023
Industry, Business and Labor1/9/2023

Full Bill Text

No bill text available