Key Takeaways

  • NDREC can investigate complaints, conduct hearings, and impose disciplinary actions
  • Violations can result in license denial, suspension, revocation, or fines
  • Common violations include misrepresentation, commingling, unlicensed activity, and disclosure violations
  • Practicing without a license is a criminal offense in North Dakota
  • Licensees have due process rights including notice and hearing before disciplinary action
Last updated: January 2026

License Law Violations & Discipline

NDREC has authority to investigate complaints and take disciplinary action against licensees who violate the North Dakota Real Estate License Law.

Common Violations

Misrepresentation and Fraud

ViolationDescription
Material misrepresentationFalse statements about important facts
OmissionFailing to disclose known material defects
FraudIntentional deception for personal gain
False advertisingMisleading marketing or claims

Trust Account Violations

ViolationDescription
ComminglingMixing client and broker funds (over $500)
ConversionUsing client funds without authorization
Failure to depositNot depositing funds within 24 hours
Poor recordsInadequate documentation
Failure to notifyNot reporting account changes to NDREC

Agency and Disclosure Violations

ViolationDescription
Disclosure violationsFailing to provide required agency disclosure
Undisclosed dual agencyActing for both parties without consent
Breach of fiduciary dutyViolating duties to clients
Undisclosed interestFailing to disclose personal interest
Property disclosure failuresNot disclosing material facts

Unlicensed Activity

ViolationDescription
Practicing without licensePerforming activities requiring a license
Practicing on expired licenseContinuing to work after expiration
Paying unlicensed personsCompensating unlicensed individuals for licensed activities

Warning: Practicing real estate without a license is a criminal offense in North Dakota.

Other Violations

ViolationDescription
Failure to superviseBroker not supervising salespersons
Advertising violationsImproper or misleading ads
Fee violationsImproper handling of commissions
Education violationsFailure to complete required CE

Disciplinary Process

Investigation

  1. Complaint filed with NDREC (or NDREC initiates investigation)
  2. Investigation conducted by NDREC staff
  3. Evidence gathered (documents, interviews, audits)
  4. Determination made whether to proceed

Hearing Process

If NDREC proceeds with disciplinary action:

StepDescription
NoticeLicensee notified of charges
HearingFormal hearing before Commission
EvidenceBoth sides present evidence
DecisionCommission issues written decision
AppealLicensee may appeal to court

Due Process Rights

Licensees have the right to:

  • Notice of charges
  • Hearing before adverse action
  • Representation by attorney
  • Present evidence and witnesses
  • Appeal unfavorable decisions to district court

Disciplinary Actions

NDREC may impose various sanctions:

ActionDescription
DenialRefuse to issue license
SuspensionTemporary loss of license
RevocationPermanent loss of license
ReprimandFormal warning
FineMonetary penalty
ProbationConditional license with restrictions
EducationRequired additional training
ConditionsSpecific requirements to maintain license

Factors Considered

FactorImpact
Severity of violationMore serious = harsher penalty
Prior disciplinary historyRepeat violations = stricter
Harm to consumersConsumer damage = more serious
CooperationCooperation may reduce penalty
RehabilitationRemedial steps may help

Recovery Fund Claims

When the Recovery Fund pays a claim:

ConsequenceDetails
License statusAutomatically suspended
ReinstatementMust repay fund in full
InterestMay be required
Additional penaltiesMay apply

Reporting Requirements

Licensees must report to NDREC:

EventTiming
Criminal convictionPromptly
Civil judgment (real estate related)Promptly
Disciplinary action in other statesPromptly
Change of addressWithin 10 days
Trust account changesWithin 10 days
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NDREC Disciplinary Process
Test Your Knowledge

Which action is a criminal offense in North Dakota?

A
B
C
D
Test Your Knowledge

What happens to a licensee's license when the Recovery Fund pays a claim against them?

A
B
C
D
Test Your Knowledge

What rights does a North Dakota licensee have before NDREC takes disciplinary action?

A
B
C
D
Test Your Knowledge

Which of the following is NOT a disciplinary action NDREC can impose?

A
B
C
D