Contracts

Under North Dakota's recording act, in a dispute between two competing purchasers of the same property, who prevails?

AThe first person to sign the purchase agreement
BThe subsequent purchaser who pays value, has no actual notice of the prior conveyance, and records first✓ Correct
CThe party who paid the higher price
DThe person who has occupied the property

Explanation

North Dakota follows a race-notice recording act. The subsequent purchaser who (1) pays value, (2) had no actual notice of the prior conveyance, and (3) records first prevails over the prior unrecorded deed.

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