Key Takeaways
- North Dakota requires written property disclosure when a licensee is involved in residential transactions (1-4 units)
- Sellers must disclose all known material facts that could adversely affect the buyer's use and enjoyment
- Beginning August 1, 2025, radon disclosure is required for all residential sales
- Federal lead-based paint disclosure is required for pre-1978 homes
- Without a licensee involved, North Dakota is a "caveat emptor" state—buyer beware
Property Disclosure Requirements
North Dakota has specific property disclosure requirements that apply when a real estate licensee is involved in the transaction.
When Property Disclosure is Required
Written property disclosure is required when:
| Condition | Required? |
|---|---|
| Residential dwelling (1-4 units) in ND | Yes |
| Licensee represents or assists a party | Yes |
| Both conditions met | Disclosure REQUIRED |
Important: If no licensee is involved, North Dakota follows "caveat emptor" (buyer beware), and sellers are not required by state law to provide disclosure.
What Must Be Disclosed
Material Facts
Sellers must disclose all material facts they are aware of that could:
- Adversely and significantly affect an ordinary buyer's use and enjoyment
- Affect any intended use of the property
- Impact the value of the property
Examples of Material Facts
| Category | Examples |
|---|---|
| Structural | Foundation issues, roof condition, structural damage |
| Systems | HVAC problems, plumbing issues, electrical defects |
| Environmental | Flooding history, mold, contamination |
| Legal | Zoning violations, easements, boundary disputes |
| Improvements | Unpermitted work, code violations |
Seller's Property Disclosure Form
The North Dakota Realtors Association provides a standard Seller's Property Disclosure form:
| Feature | Details |
|---|---|
| Who completes | Seller |
| When provided | Before contract acceptance |
| Contents | Questions about property condition |
| Responses | Yes, No, Unknown, N/A |
Radon Disclosure (Effective August 1, 2025)
New Law: Beginning August 1, 2025, North Dakota law requires specific radon disclosure:
Requirements
| Requirement | Details |
|---|---|
| Written disclosure | Seller must disclose any knowledge of radon concentrations |
| Radon statement | Must provide exact statement as written in NDCC 47-10-02.2(2) |
| Test results | Must provide any radon test results in seller's possession |
| Mitigation evidence | Must disclose any mitigation systems or work done |
| Buyer acknowledgment | Buyer must sign acknowledging receipt |
Timing
The radon disclosure must be provided before executing an agreement to sell or transfer the property.
Exam Alert: This is a new requirement for 2025—expect questions about radon disclosure on the state exam.
Lead-Based Paint Disclosure (Federal Law)
For homes built before 1978, federal law requires:
| Requirement | Details |
|---|---|
| Disclosure | Known lead-based paint or hazards |
| EPA pamphlet | "Protect Your Family From Lead in Your Home" |
| Inspection period | Buyer has 10 days to inspect (waivable) |
| Written form | Lead-Based Paint Disclosure form |
Note: Lead-based paint disclosure is REQUIRED regardless of North Dakota's other disclosure rules—this is federal law.
Stigmatized Property
North Dakota does not require disclosure of:
| Not Required | Reason |
|---|---|
| Deaths on property | Not considered material |
| Alleged hauntings | Psychological, not physical |
| Proximity to sex offenders | Public information |
| AIDS/HIV status | Protected health information |
Exception: Direct Questions
If a buyer asks directly about a specific issue and the licensee knows the answer, they must respond honestly.
Licensee Obligations
Even if seller fails to disclose, licensees must:
| Duty | Description |
|---|---|
| Disclose known defects | If licensee knows of material defects |
| Not conceal | Cannot hide or minimize known issues |
| Answer honestly | Must truthfully answer direct questions |
| Recommend inspections | Suggest professional inspections |
When is written property disclosure required in North Dakota?
What new disclosure requirement takes effect on August 1, 2025 in North Dakota?
Which disclosure is required by FEDERAL law for pre-1978 homes?