HB 1401 North Dakota House · 69th Legislative Assembly (2025-26)

AN ACT to amend and reenact section 40-11-04.2 of the North Dakota Century Code, relating to the transfer of real property by exclusive and nonexclusive listing agreements.

HB 1401 amends North Dakota law (Section 40-11-04.2) to give cities more flexibility when selling city-owned property. It allows cities to use either exclusive or nonexclusive listing agreements with licensed real estate brokers, provided they first adopt a resolution specifying the property, setting a maximum commission rate, and reserving the right to reject insufficient offers. Cities must select brokers through a competitive process for exclusive listings. This change directly affects North Dakota cities selling property, streamlining the sales process while maintaining city control over fees and offers.
Bill status signed all 5 stages cleared
Introduction
Jan 2025
Committee Review
Mar 2025
House Passage
Jan 2025
Senate Passage
Mar 2025
Signed into Law
Apr 2025
Introduced Jan 13, 2025 Signed Apr 1, 2025
Maddy AI version diff · 2 comparisons

What changed between versions

FIRST ENGROSSMENT Enrollment · 4 edits
MODERATE
This bill amends how North Dakota cities can list real property for sale by adding new requirements for selecting real estate brokers. It allows cities to use nonexclusive listing agreements or exclusive listing agreements only if brokers are selected through a competitive process. The bill also requires cities to consider the financial impact of paying commissions to buyer's brokers when negotiating listing agreements.
Scope change
The bill applies to all North Dakota cities that wish to sell real property through real estate brokers, adding new procedural requirements for broker selection and compensation.
REQUIREMENT

Cities must now select real estate brokers through a competitive process before entering exclusive or nonexclusive listing agreements for property sales.

Cities must publish broker selection resolutions on their websites for at least fourteen days before engaging brokers.

Exclusive listing agreements must be based on specific criteria including broker experience, marketing strategy, and fee rates.

Cities must consider the financial impact of paying commissions to buyer's brokers when negotiating listing agreements.

Floor votes · Senate Mar 21, 2025 · House Jan 31, 2025

How they voted

440
Passed · 3 other
Total votes 47
Mar 21, 2025
D Democratic5
3 Yea 2
60% Yea
R Republican42
41 Yea 1
97% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
16
Key actions
8
Committee
4
Apr 2, 2025
Introduced
Filed with Secretary Of State 03/31
legislature
Apr 1, 2025
Signed into law
Signed by Governor 03/27
lower
Mar 21, 2025
Upper · Passed
Second reading, passed, yeas 44 nays 0
upper
Mar 20, 2025
Upper · Passed
Reported back, do pass, place on calendar 5 0 0
upper
Mar 19, 2025
Upper · Passed
Committee Hearing 09:15
upper
Feb 13, 2025
Introduced
Introduced, first reading, referred Industry and Business Committee
upper
Jan 31, 2025
Lower · Passed
Second reading, passed, yeas 89 nays 0
lower
Jan 29, 2025
Lower · Passed
Amendment adopted, placed on calendar
lower
Jan 28, 2025
Lower · Passed
Reported back amended, do pass, amendment placed on calendar 13 0 1
lower
Jan 21, 2025
Lower · Passed
Committee Hearing 08:30
lower
Jan 13, 2025
Introduced
Introduced, first reading, referred Industry, Business and Labor Committee
lower
1 primary · 8 co-sponsors

Sponsors