Seller disclosure requirements in North Dakota

Is a disclosure form required by law?

Yes, for most sales of houses, condos and small multi-unit buildings. Under N.D.C.C. § 47-10-02.1, the rule covers a residential dwelling with no more than four units in North Dakota that the owner is selling or exchanging.

The details depend on whether a real estate agent is involved:

• An agent represents or assists a party. The seller must prepare a written disclosure form and make it available to the buyer before both parties sign the final acceptance of the purchase agreement. It must use the form set by the North Dakota Real Estate Commission or a substantially similar one. The brokerage firm keeps a copy signed by the seller and the buyer.
• No agent is involved. The seller must still disclose material facts in writing before final acceptance. The statute says the disclosure “may be in the form of a written property disclosure form,” so the Commission form is optional here.

An offer to purchase can change the timing: the statute applies “except as otherwise provided in an offer to purchase agreement.”

What the form covers

The statute says the disclosure must include all material facts the seller is aware of that could adversely and significantly affect an ordinary buyer’s use and enjoyment of the property, or any intended use the seller knows about. When an agent is involved, the form must also address latent defects, general condition, environmental issues, structural systems and mechanical issues.

The seller completes it “in good faith and based upon the best of the seller’s knowledge.” The Commission’s current form is SFN 62358 (07/2025), eight pages long. It also says you must disclose material facts even if the form does not ask about them.

Radon: a separate written disclosure

Since August 1, 2025, the seller must disclose in writing any knowledge of radon concentrations before the buyer signs a sale agreement (§ 47-10-02.2). The seller or the seller’s agent gives the buyer the radon statement written in the statute, and the buyer signs to acknowledge receipt. If the seller knows the home was tested, the seller must also hand over the test results and any evidence of mitigation that are reasonably available.

This section does not create a right to cancel the purchase unless the contract says so.

Homeowners’ association and condo documents

If the property is in a homeowners’ association or condominium project, § 47-10-02.3 requires the seller to give the buyer, by an agreed date or within ten days after the agreement is signed, a package that includes the assessment amounts, unpaid or approved special assessments, the governing documents, recent meeting minutes, budgets and reserve information, and transfer fees. The information must cover at least the 90 days before the agreement’s effective date.

Exemptions

Section 47-10-02.1 does not apply to sales:

• under a court order, or between government agencies;
• by a mortgagor in default to the mortgagee, or at a foreclosure sale;
• by a lender that acquired the home through foreclosure or a deed in lieu;
• by a fiduciary administering an estate, guardianship, conservatorship or trust;
• between co-owners;
• to a spouse, child, parent, sibling, grandchild or grandparent; or
• of newly built homes that have never been occupied.

What happens if a seller does not disclose

The disclosure section itself does not list a buyer’s remedy. It says that if a licensee violates the section, the Real Estate Commission may investigate and take disciplinary action (§ 47-10-02.1(5)). Whether a buyer can sue over a hidden defect is a legal question the statute text does not answer; ask a North Dakota attorney. See do you need a real estate attorney and how to check a licensee.

Federal lead-based paint rule (homes built before 1978)

For most housing built before 1978, federal law requires sellers and agents, before the buyer signs a contract, to:

1. give the buyer the EPA pamphlet Protect Your Family From Lead In Your Home;
2. disclose known lead-based paint and hazards, and hand over available records and reports;
3. include a Lead Warning Statement in the contract or an attachment; and
4. give the buyer a 10-day period to inspect for lead, unless both sides agree in writing to a different period or the buyer waives it.

Keep signed disclosures for three years after the sale. The rule does not apply to foreclosure sales or to housing built after 1977 (EPA). Our home inspection cost guide explains what a standard inspection does and does not test. For a Fargo purchase, see the Fargo page.