§ 32-18-04 — Time allowed to correct default

North Dakota § 32-18-04

• Jurisdiction: North Dakota
• Title 32: Judicial Remedies
• Ch. 32-18: Cancellation of Land Contracts

Text

The vendee or purchaser, or the vendee's or purchaser's assigns, shall have the following
periods of time after the service of notice of cancellation upon such party in which to perform the
conditions or comply with the provisions upon which the default shall have occurred:
1. If the amount claimed due under such instrument at the date of notice is more than
sixty-six and two-thirds percent of the original indebtedness, the time allowed to
correct the default shall be six months.
2. In any other case, the time for correction shall be one year.
Upon such performance and upon making such payments, together with the cost of service of
such notice, such contract or other instrument shall be reinstated and shall remain in full force
and effect as if no default had occurred therein. If, however, such vendee or purchaser, or such
vendee's or purchaser's assigns, shall not complete such performance or make such payment
within the time periods provided by this section, the contract shall be terminated and shall not be
reinstated by any subsequent offer of performance, or tender of payment. No provisions in any
contract for the purchase of land or an interest in land shall be construed to obviate the
necessity of giving the aforesaid notice and no contract shall terminate unless such notice is
given, any provision in such contract to the contrary notwithstanding, but the notice herein
required shall not be deemed necessary if the contract in question is sought to be terminated by
an action at law or in equity brought for that purpose upon failure to perform. This section shall
apply to all instruments for a future conveyance of real estate or an equity therein which are

executed on or after July 1, 1971. The time allowed to correct the default shall not be less than
one year except in contracts involving an area not to exceed three acres.