How to Pass the North Dakota Real Estate Exam on Your First Try

North Dakota has an active oil and gas industry — particularly in the Bakken Formation — that makes mineral rights a central topic on the state exam. The exam is 120 questions (80 national + 40 state) with a 75% passing threshold. Administered by PSI.

North Dakota Exam Fast Facts - Questions: 120 (80 national + 40 state) - Passing score: 75% on each section (60 national, 30 state) - Time limit: 4 hours - Provider: PSI - Pre-license education: 45 hours (salesperson) - Governing body: North Dakota Real Estate Commission (NDREC)

The North Dakota Real Estate Commission

NDREC has 5 members (3 licensees, 2 public members) appointed by the Governor. Members serve 3-year terms.

Key NDREC facts: - Salesperson licenses renew every year; 9 hours of CE required per year - The Real Estate Education, Research, and Recovery Fund provides compensation; max $15,000 per transaction - NDREC enforces North Dakota Century Code Chapter 43-23 - New salespersons must work under a supervising broker

North Dakota Agency Law

North Dakota requires delivery of the Agency Relationship Disclosure form at first contact. North Dakota recognizes:

• Seller's agent: fiduciary duties to seller
• Buyer's agent: fiduciary duties to buyer
• Dual agent: represents both with written consent; limited duties
• Non-agent (transaction facilitator): assists without fiduciary duties; must disclose this role

The agency disclosure must be explained verbally and acknowledged in writing. Simply handing over the form is insufficient under North Dakota rules.

North Dakota Oil and Gas / Mineral Rights

The Bakken Formation in western North Dakota has made mineral rights a critical real estate topic. Key concepts:

• Severed mineral rights: In North Dakota, mineral rights (oil, gas, coal) are frequently severed from surface rights and may be owned by different parties
• Surface use agreement: When mineral rights owners want to drill, they must negotiate a surface use agreement with the surface owner
• Surface owners cannot prevent mineral rights owners from extracting minerals — the dominant estate (mineral rights) prevails over the servient estate (surface rights)
• A mineral rights exception in a deed means the buyer is NOT receiving the mineral rights

This is heavily tested: What happens when a property is sold without the mineral rights? The buyer gets surface ownership but the mineral rights holder can still access the subsurface.

North Dakota Disclosure Requirements

North Dakota's Seller's Property Disclosure Statement is required for residential sales. Sellers must disclose known defects in: - Structural and mechanical systems - Environmental hazards - Flood zone designation - Mineral rights status (are mineral rights included in the sale?)

Mineral rights disclosure: Because mineral rights are so commonly severed in North Dakota, sellers must disclose whether the property is sold with or without mineral rights. This is a required field in the disclosure statement.

Topics That Catch Candidates Off Guard

Mineral rights dominance: The mineral rights estate is the dominant estate in North Dakota. Surface owners cannot prevent access for mineral extraction. This reverses the intuition that surface owners control their land.

$15,000 Recovery Fund cap: North Dakota's per-transaction cap is lower than most states. Know the specific amount.

Annual renewal with 9 hours CE: North Dakota renews licenses annually (not every 2 or 3 years). The 9-hour CE requirement is per year.

Mineral rights disclosure requirement: The mandatory disclosure of whether mineral rights are included is a North Dakota-specific requirement that will not appear in national prep.

Your 4-Week North Dakota Study Plan

Week 1: National — agency, contracts, ownership, land use, fair housing Week 2: National — financing, valuation, math, environmental Week 3: North Dakota-specific — NDREC, agency law, mineral rights, surface use agreements Week 4: Full practice exams. Target 80%+. Drill mineral rights dominance scenarios, severed rights disclosure, and dual agency consent.

Practice for the North Dakota Exam

[CARealestate.com/states/north-dakota](https://carealestate.com/states/north-dakota) has North Dakota-specific practice questions covering NDREC rules, agency law, mineral rights, and disclosure requirements. 5 free questions, no signup needed.

North Dakota's oil and gas mineral rights framework is the most state-specific topic and the one candidates are most likely to be unprepared for. Budget dedicated study time for mineral rights law.