A North Dakota real estate licensee is preparing a purchase agreement for a client buying a property in Williston. The property is located in the Bakken Formation region, and the listing does not mention mineral rights. The licensee knows from reviewing the title commitment that the mineral rights were severed 30 years ago. The licensee's buyer-client has not asked about mineral rights. What is the licensee's obligation under North Dakota law?
Correct Answer
A) The licensee must disclose the mineral rights severance to the buyer-client as a known material fact
Under North Dakota Administrative Code Title 70 and NDCC Chapter 43-23, a licensee representing a buyer owes fiduciary duties including the duty to disclose all known material facts that could affect the buyer's decision. Severed mineral rights in the Bakken Formation region of North Dakota are a material fact — they affect the property's value and the buyer's rights. The licensee's knowledge of the severance from the title commitment creates an affirmative duty to disclose this information to the buyer-client, regardless of whether the buyer specifically asked about mineral rights.
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