agency

Agency Disclosure at First Substantive Contact (North Dakota)

For one-to-four-unit residential property (N.D. Admin. Code 70-02-03-15.1), each licensee must give a separate written disclosure of whom the licensee represents at the first substantive contact: before a listing agreement is signed for a seller, before a buyer's broker agreement for a buyer, and for anyone else before discussing personal financial information or negotiating. For agricultural, commercial and five-plus-unit property, the licensee is the seller's agent unless all parties agree otherwise in writing, with disclosure before a written contract is signed.

Exam tip
Know the property-type split: 1-4 unit residential uses first substantive contact; agricultural and commercial default to seller's agency.
Example
A licensee showing farmland to a buyer, with no other written agreement, is the seller's agent and must disclose that in writing before the purchase contract is signed.

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Last verified: 2026-10-23