North Dakota § 43-23-12.2 Duties supersede common law

North Dakota Statutes

§ 43-23-12.2 — Duties supersede common law

North Dakota § 43-23-12.2

Title 43Occupations and Professions

Ch. 43-23State Real Estate Commission

This text of North Dakota § 43-23-12.2 (Duties supersede common law) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.D. Cent. Code § 43-23-12.2 (2026).

Text

1.The duties of a real estate brokerage firm, and the firm's licensees, as specified in this chapter or in rules adopted to implement this chapter, supersede any fiduciary duties of that real estate brokerage firm and the firm's licensees, to a person based on common-law principles of agency to the extent that those common-law fiduciary duties are inconsistent with the duties specified in this chapter or in rules adopted to implement this chapter.

2.A client is not liable for a wrongful act, an error, an omission, or a misrepresentation made by a licensee in connection with the licensee providing brokerage services for the client, including brokerage services provided under a subagency relationship, unless the client knows or should have known of the wrongful act, error, omission, or mi

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1. The duties of a real estate brokerage firm, and the firm's licensees, as specified in this
chapter or in rules adopted to implement this chapter, supersede any fiduciary duties
of that real estate brokerage firm and the firm's licensees, to a person based on
common-law principles of agency to the extent that those common-law fiduciary duties
are inconsistent with the duties specified in this chapter or in rules adopted to
implement this chapter.
2. A client is not liable for a wrongful act, an error, an omission, or a misrepresentation
made by a licensee in connection with the licensee providing brokerage services for

the client, including brokerage services provided under a subagency relationship,
unless the client knows or should have known of the wrongful act, error, omission, or
misrepresentation or unless the licensee is repeating a misrepresentation made by the
client. This subsection supersedes any conflicting common-law duty of the client.
3. A real estate brokerage firm that is providing brokerage services to a client is not liable
for a wrongful act, an error, an omission, or a misrepresentation made by the client,
listing agent of another real estate brokerage firm, or subagent of another real estate
brokerage firm, unless the real estate brokerage firm knew or should have known of
the wrongful act, error, omission, or misrepresentation or unless the client, listing agent
of another real estate brokerage firm, or subagent of another real estate brokerage
firm is repeating a misrepresentation made by the real estate brokerage firm.
4. This section does not limit the liability of a licensee under section 43-23-11.1 nor of a
client for substantial and willful misrepresentations made in reference to a real estate
transaction. As used in this section, the term "real estate brokerage firm" includes the
firm and brokers and agents who work for the firm.