North Dakota Code § 40-11-04.2

Transfer of real property by exclusive and nonexclusive listing
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agreements.
1. As an alternative to the procedure established under section 40-11-04.1, the governing 
body of a city may by resolution:
a. Describe the real property of the city which is to be sold;
b. Provide a maximum rate of fee, compensation, or commission; and
c. Provide that the city reserves the right to reject any and all offers determined to 
be insufficient.
2. After adoption of the resolution, and publication of the resolution on the city website for 
at least fourteen days, if the city maintains a website, the governing body of a city may 

engage licensed real estate brokers to attempt to sell the described property by way of 
nonexclusive listing agreements or by way of an exclusive listing agreement if the real 
estate broker is selected through a competitive process.
3. A proposal from a licensed real estate broker to enter an exclusive listing agreement 
with the governing body of a city must be based on the:
a. Experience of the licensed real estate broker;
b. Experience of the licensed real estate broker selling similar property;
c. Marketing strategy the licensed real estate broker intends to use; and
d. Rate of fee, compensation, or commission the licensed real estate broker intends 
to accept.
4. In the negotiation of a purchase agreement with a buyer represented by a real estate 
broker, the governing body of a city may agree to pay compensation to the buyer's real 
estate broker. In the negotiation of a listing agreement, the governing body of a city 
shall consider the financial impact of paying compensation to the buyer's real estate 
broker on the total fees, compensation, or commission that may become payable by 
the city.

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