Does a home seller have to disclose the property’s condition in North Dakota?
In North Dakota, unless the offer to purchase provides otherwise, the seller of a home of no more than four units must give the buyer a written disclosure of all material facts the seller is aware of that could adversely and significantly affect an ordinary buyer’s use and enjoyment of the property before the parties sign the final acceptance of the purchase agreement, on the Real Estate Commission’s form when a real estate licensee represents or assists either party. The Commission’s form must cover latent defects, general condition, environmental issues, structural systems and mechanical issues, and the seller completes it in good faith to the best of the seller’s knowledge. Before signing an agreement to sell, the seller must also disclose in writing any knowledge of radon in the property, give the buyer the statutory radon statement to sign, and hand over any reasonably available radon test results. A seller of property in a homeowners’ association or condominium must give the buyer the association’s assessments, rules, budgets and other listed documents by an agreed date or within ten days of signing, and the buyer may void the contract until five days after receiving them or until conveyance, whichever comes first. Federal law separately requires a lead-based paint disclosure when selling most homes built before 1978. This is N.D. Cent. Code §§ 47-10-02.1, 47-10-02.2, 47-10-02.3.
| What | North Dakota |
|---|---|
| Seller disclosure | Required before the purchase agreement is accepted |
| Kind of rule | A written property condition statement is required |
What the statute says
“The written disclosure form must include all material facts the seller is aware could adversely and significantly affect an ordinary buyer’s use and enjoyment of the property or any intended use of the property of which the seller is aware.”
Quoted word for word from the section’s text.
Source
N.D. Cent. Code §§ 47-10-02.1, 47-10-02.2, 47-10-02.3
Read the statute in the North Dakota Century Code (North Dakota Legislative Branch): ndlegis.gov.
Checked against the statute on November 15, 2026.
This is a summary of a published statute, not legal advice. Rules change, local ordinances can add to them, and the terms of a specific lease may differ. Check the citation and speak to a lawyer before acting.
How Seayora uses this rule
This page states the state’s rule so the costs and paperwork of a sale can be checked against it before a contract is signed. An owner on Seayora keeps each property’s owners of record and its documents in one place.
Guides on this rule
- Seller Disclosure Requirements by State — Whether a home seller must give a written property condition disclosure, with the rule in each of the 48 jurisdictions with a statute.
Compare this rule in every state
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The same question in other states
- Alaska
- Arizona
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
- Hawaii
- Idaho
- Illinois
- Indiana