Seller's Property Disclosure Statement (North Dakota Real Estate Commission form, required under N.D.C.C. § 47-10-02.1); as of August 1, 2025, sellers must also provide a separate statutory Radon Disclosure Statement under new N.D.C.C. § 47-10-02.2 — North Dakota Century Code (N.D.C.C.) Chapter 47-10, specifically § 47-10-02.1 (Property disclosure — Requirements — Exceptions) and new § 47-10-02.2 (Radon disclosure), enacted by 2025 Senate Bill 2204
North Dakota is fundamentally a "buyer beware" (caveat emptor) state — it does not have the broad, itemized statutory disclosure regime found in states like California. However, it is NOT a pure no-disclosure state: N.D.C.C. § 47-10-02.1 imposes a real, codified obligation whenever a real estate broker is involved in the sale of a residential dwelling of four units or fewer. Before the parties sign final acceptance of the purchase agreement, the seller must give the buyer a written disclosure — on the North Dakota Real Estate Commission's official "Seller's Property Disclosure" form or a substantially similar form — covering latent defects and material facts about general condition, environmental issues, structural systems, and mechanical systems that the seller knows could adversely and significantly affect an ordinary buyer's use and enjoyment of the property. Disclosure must be made in good faith based on the seller's actual knowledge at the time (not a warranty and not requiring investigation or expert inspection). As of August 1, 2025, a new and separate statutory duty took effect under N.D.C.C. § 47-10-02.2 (from 2025 Senate Bill 2204, passed unanimously in the Senate and signed into law): sellers must give buyers a specific statutory radon warning statement plus any radon test results or mitigation records the seller actually possesses, before the parties execute an agreement to sell. This is one of the few substantive, mandatory content items ND law imposes beyond the general 'material facts' disclosure. On top of these two state-law duties, sellers in transactions not otherwise exempt are subject to the federal Residential Lead-Based Paint Hazard Reduction Act of 1992 for any home built before 1978. Because North Dakota remains caveat emptor at its core, buyers otherwise bear substantial risk for defects a seller did not actually know about, and courts have historically required buyers to prove actual knowledge and intentional concealment or misrepresentation (not mere negligence) to recover for nondisclosure outside these statutory duties.
Effective August 1, 2025, North Dakota enacted a first-of-its-kind statewide radon disclosure mandate via 2025 Senate Bill 2204 (signed into law April 17, 2025; passed the Senate 45-0 and the House 87-3), creating new N.D.C.C. § 47-10-02.2. This requires sellers to give buyers a specific statutory written statement (quoted verbatim in the statute) explaining that radon is a naturally occurring radioactive gas that can pose health risks and that levels exceeding federal guidelines have been found in North Dakota buildings, along with any radon test results and evidence of mitigation actually in the seller's possession, before the parties execute a sale agreement — and the buyer must sign to acknowledge receipt. The law also provides that compliant disclosure does not create an implied warranty about radon levels and shields sellers/agents who comply from radon-related liability. This is a meaningful expansion beyond the pre-existing general "material facts" duty under § 47-10-02.1 and is the most significant recent change to ND's seller disclosure regime.
Facts on this page reflect research current as of 2026-07-05. Programs, rates, and laws change — confirm current figures with the relevant state agency before relying on them.