North Dakota Agency
Practice Questions & Answers (2026)

Agency law is one of the most tested subjects on the North Dakota real estate exam, and it's also one of the most misunderstood. The North Dakota Real Estate Commission expects licensees to understand the legal duties owed to clients vs. customers, and the specific timing of required disclosures under North Dakota law. Study these questions carefully — candidates who rely on national agency frameworks and don't account for ND-specific rules are among the most common failures on the state portion.

Practice Questions

North Dakota Agency — Practice Questions & Answers

125 questions on Agency from the North Dakota real estate question bank. First 10 are free — sign up to unlock all 125.

Q1. In North Dakota, a seller's agent must disclose their agency relationship to a buyer:

A.Only at closing
B.At first contact, before discussing the property
C.Only after the buyer makes an offer
D.Only if the buyer specifically asks

Explanation

North Dakota requires agency disclosure at first contact. A seller's agent must disclose to prospective buyers that they represent the seller before discussing the property.

Q2. In North Dakota, a transaction broker (limited agent) owes which of the following duties?

A.Full fiduciary duties to both parties
B.Honesty, fairness, and disclosure of material facts to both parties
C.Undivided loyalty to the buyer only
D.No duties to either party

Explanation

A transaction broker (limited agent) in North Dakota owes both parties the duties of honesty, fairness, and disclosure of material facts, but does not owe full fiduciary duties to either party.

Q3. Sub-agency occurs when:

A.A buyer works with a buyer's agent
B.One broker refers a client to another broker for a referral fee
C.An agent acts on behalf of another broker's principal, typically the seller
D.Two brokers co-list the same property

Explanation

Sub-agency occurs when one broker acts on behalf of another broker's principal. For example, a cooperating broker who works with a buyer but represents the seller is a sub-agent of the listing broker.

Q4. Which of the following is a non-waivable duty owed by all North Dakota licensees regardless of agency relationship?

A.Undivided loyalty to the client
B.Confidentiality of all client information
C.Disclosure of known material defects about the property
D.Obedience to the client's instructions

Explanation

Disclosure of known material defects is a non-waivable duty owed by all licensees to all parties, regardless of who the licensee represents. This duty exists even for transaction brokers.

Q5. An agency relationship is terminated when:

A.The property is listed on the MLS
B.The listing agreement expires or the transaction closes
C.The buyer makes an offer
D.The licensee joins a new brokerage

Explanation

An agency relationship is terminated by mutual agreement, expiration of the agreement, completion of the transaction (closing), or other events such as death or bankruptcy of a party.

Q6. In North Dakota, which disclosure form informs prospective clients about available agency options?

A.The Real Estate Transfer Disclosure Statement
B.The Agency Disclosure Statement
C.The Seller's Property Disclosure
D.The Working with Real Estate Agents brochure

Explanation

North Dakota requires licensees to provide an Agency Disclosure Statement to prospective clients that explains the agency relationships available, including seller agency, buyer agency, and transaction brokerage.

Q7. A buyer's agent owes which of the following duties to their buyer-client?

A.Disclosure of the seller's bottom line price
B.Loyalty, confidentiality, and reasonable care
C.Honesty only, no duty of confidentiality
D.The same duties owed to the seller

Explanation

A buyer's agent owes full fiduciary duties to the buyer including loyalty, confidentiality, obedience, disclosure, accounting, and reasonable care. The agent must act in the buyer's best interest.

Q8. In North Dakota, dual agency occurs when:

A.Two agents from the same brokerage each represent one party
B.A single agent represents both the buyer and seller in the same transaction
C.A broker supervises two agents on different transactions
D.An agent represents two buyers competing for the same property

Explanation

Dual agency occurs when a single licensee represents both the buyer and the seller in the same transaction. It requires informed written consent from both parties.

Q9. If a listing agent learns that the seller is willing to accept $10,000 less than the list price, the agent must:

A.Disclose this to all prospective buyers to ensure a quick sale
B.Keep this information confidential as it is the seller's private information
C.Disclose it only if the buyer specifically asks
D.Disclose it to the buyer's agent but not the buyer directly

Explanation

The seller's motivation, bottom-line price, and other confidential information shared by the client must be kept confidential by the listing agent. Disclosing it would breach the agent's fiduciary duty of confidentiality.

Q10. An agent who represents neither party but assists both parties in completing a transaction is known as a:

A.Dual agent
B.Sub-agent
C.Transaction broker or facilitator
D.Designated agent

Explanation

A transaction broker (also called a facilitator or limited agent) assists both parties in completing the transaction without representing either party as a fiduciary.

Q11. Designated agency in North Dakota allows:

A.One agent to represent both parties without consent
B.The broker to designate different agents within the same firm to exclusively represent the buyer and seller respectively
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