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
Last updated: January 2026

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:

ConditionRequired?
Residential dwelling (1-4 units) in NDYes
Licensee represents or assists a partyYes
Both conditions metDisclosure 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

CategoryExamples
StructuralFoundation issues, roof condition, structural damage
SystemsHVAC problems, plumbing issues, electrical defects
EnvironmentalFlooding history, mold, contamination
LegalZoning violations, easements, boundary disputes
ImprovementsUnpermitted work, code violations

Seller's Property Disclosure Form

The North Dakota Realtors Association provides a standard Seller's Property Disclosure form:

FeatureDetails
Who completesSeller
When providedBefore contract acceptance
ContentsQuestions about property condition
ResponsesYes, No, Unknown, N/A

Radon Disclosure (Effective August 1, 2025)

New Law: Beginning August 1, 2025, North Dakota law requires specific radon disclosure:

Requirements

RequirementDetails
Written disclosureSeller must disclose any knowledge of radon concentrations
Radon statementMust provide exact statement as written in NDCC 47-10-02.2(2)
Test resultsMust provide any radon test results in seller's possession
Mitigation evidenceMust disclose any mitigation systems or work done
Buyer acknowledgmentBuyer 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:

RequirementDetails
DisclosureKnown lead-based paint or hazards
EPA pamphlet"Protect Your Family From Lead in Your Home"
Inspection periodBuyer has 10 days to inspect (waivable)
Written formLead-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 RequiredReason
Deaths on propertyNot considered material
Alleged hauntingsPsychological, not physical
Proximity to sex offendersPublic information
AIDS/HIV statusProtected 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:

DutyDescription
Disclose known defectsIf licensee knows of material defects
Not concealCannot hide or minimize known issues
Answer honestlyMust truthfully answer direct questions
Recommend inspectionsSuggest professional inspections
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North Dakota Property Disclosure Requirements
Test Your Knowledge

When is written property disclosure required in North Dakota?

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D
Test Your Knowledge

What new disclosure requirement takes effect on August 1, 2025 in North Dakota?

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D
Test Your Knowledge

Which disclosure is required by FEDERAL law for pre-1978 homes?

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D