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Assignments in North Dakota (ND)

ItemValue
Is an assignment legal here?yes
What the matrix says about itAssignment of one's own purchase contract is a common-law right and is not itself licensed activity in this state; the constraint is on MARKETING and on DISCLOSURE.
Marketing rule the gate enforcesno_public_marketing_without_licence
What that means in practiceN.D.C.C. 43-23-06.1(9) defines 'real estate broker' as a person who, FOR ANOTHER and for consideration, does the listed acts -- so acting for your own account is outside it. But the exemption section then says, verbatim: 'This section does not exempt from the definition of "real estate broker" or "real estate salesperson" for consideration publicly marketing for sale an equitable interest in a contract for the purchase of real property between a property owner and a prospective purchaser.' Separately, 43-23-24 ('Wholesale buyers and sellers - Disclosure') defines 'wholesaler' as 'a person that enters an agreement to make income or profit from the transfer of or equitable interest in real property' and requires: 'A wholesaler of real property shall disclose in writing to all parties to the agreement that the wholesaler holds an equitable interest in the property, may not be able to convey title to the property, and intends to make a profit or income from the transfer of the equitable interest.' HB 1125 (2025, eff. 2025-08-01) removed the word 'residential' so the disclosure duty covers ALL real property.
What triggers a licence requirement'For consideration publicly marketing for sale an equitable interest in a contract for the purchase of real property between a property owner and a prospective purchaser' -- N.D.C.C. 43-23-07(2) removes that act from the own-investment exemption.
Written seller disclosure required?yes
Basis for the disclosureN.D.C.C. 43-23-24
Statutory wording required?yes — 43-23-24 prescribes the three facts that must be disclosed in writing to all parties; the F5259 'nd_43_23_24' block tracks the statutory words.
F5259 bucketGO_WITH_CONDITIONS
Condition the gate enforcesNO public marketing of the equitable interest. Written 43-23-24 disclosure to ALL PARTIES. Disposition listings are refused by the gate.
Verification statusPRIMARY_STATUTE
Attorney review required before first use?yes

Verdict by lead class

Lead classVerdict
landNO_PUBLIC_MARKETING__PRINCIPAL_CLOSE_ONLY
preforeclosure non owner occupiedNO
preforeclosure owner occupiedNO
probateNO_PUBLIC_MARKETING__PRINCIPAL_CLOSE_ONLY
tax delinquentNO_PUBLIC_MARKETING__PRINCIPAL_CLOSE_ONLY

Primary sources

the whole grid · probate in ND · the disclosure blocks

Not legal advice. We are not a law firm and we do not draft documents for anyone else. A template is a starting point for a transaction you are a principal in; it is not a substitute for a lawyer licensed in the state the property sits in, and in several states the disclosure below has statutory wording that must be copied exactly. Have counsel read it before you sign.


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