§ 47-33-03 — Liability for violation

North Dakota § 47-33-03

• Jurisdiction: North Dakota
• Title 47: Property
• Ch. 47-33: Private Transfer Fee Obligation Prohibition

Text

Any person that records or enters an agreement imposing a private transfer fee obligation in
that person's favor on or after August 1, 2011, is liable for any and all damages resulting from
the imposition of the transfer fee obligation on the transfer of an interest in the real property,
including the amount of any transfer fee paid by a party to the transfer, and all attorney's fees,
expenses, and costs incurred by a party to the transfer or mortgagee of the real property to
recover any transfer fee paid or in connection with an action to quiet title. If an agent acts on
behalf of a principal to record or secure a private transfer fee obligation, liability is deemed
assessed to the principal, rather than the agent.