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North Dakota wholesaling laws
Law addressing wholesaling in effect · Reviewed July 24, 2026
North Dakota's HB 1125 (2025) amended its real-estate licensing chapter so the wholesaler disclosure duty now covers all real property (not just residential), and made publicly marketing an equitable interest in a purchase contract a licensed brokerage activity.
What the law requires
- A wholesaler must disclose in writing to all parties that it holds an equitable interest, may not be able to convey title, and intends to profit from transferring it (now for all real property).
- If the wholesaler violates this, the seller may cancel before close of escrow without penalty and keep any earnest money the wholesaler paid; the buyer may cancel and be refunded its earnest money.
- Publicly marketing an equitable interest in a purchase contract is included in the definition of real estate broker — i.e., it requires a license.
- Bill / citation
- HB 1125 (2025)
- Enforced by
- North Dakota Real Estate Commission
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This is not legal advice.
Laws change and details vary by situation. Confirm North Dakota's current requirements with a licensed real-estate attorney before relying on this in a live deal.
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