North Dakota Disclosure of Agency relationships in real 2025

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The purpose of the agency disclosure form is to protect the client. Upon signing, there is no contractual obligation to exclusively work with that agent, however, this document does make sure that everyone who hires a real estate agent understands the full scope of their relationship dynamic.
The requirements of Civil Code 20793.14: * The listing/sellers agent must deliver to the seller prior to the time the listing is signed by the seller a DISCLOSURE FORM entitled DISCLOSURE REGARDING REAL ESTATE AGENCY RELATIONSHIP (hereinafter referred to as DISCLOSURE FORM).
All that is required to create an agency relationship is the manifestation of assent by both sides. This manifestation can be oral or in writing. Examples of written agency agreements include attorney retainer agreements. Agency relationships can also arise from circumstances even without explicit agreement.
Existence of agency is always a fact to be proved by tracing it to some act or agreement of the alleged principal. Note that there are two types of agency: (1) actual, either express or implied, and (2) apparent. The relationship of an agent and a principal may also arise by estoppel, necessity or operation of law.
When must a listing agent disclose his or her agency relationship to prospective tenants or buyers? Whenever substantive contact is made beyond casual conversation.
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An agent is personally liable on a contract when the principal is undisclosed or partially disclosed. However, only the principal will be liable on a contract when the principal was disclosed.
The agency relationship usually is created by a signed listing contract. The buyers representative (also known as a buyers agent) is hired by prospective buyers to and works in the buyers best interest throughout the transaction.
Explanation: In most jurisdictions, the only real estate brokerage relationship not required to be in writing is the transaction broker relationship. A transaction broker is a real estate agent or broker who assists a buyer and a seller in a real estate transaction but does not represent either party.

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