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North Dakota · Century Code §§47-10-02.1, 02.2North Dakota seller disclosure: material facts and radon, before acceptance

In North Dakota, before the parties sign the final acceptance of a purchase agreement for a home of up to four units, the seller must disclose in writing all material facts the seller is aware of that could adversely and significantly affect an ordinary buyer's use and enjoyment of the property – unless the offer says otherwise (Century Code §47-10-02.1). When a licensee represents or assists a party, the disclosure must be on the Real Estate Commission's form or a similar one covering latent defects, general condition, environmental issues and structural and mechanical systems, and the brokerage keeps the signed copy. Separately, the seller must disclose known radon information, give the statutory radon statement for the buyer to sign, and hand over any prior test results and evidence of mitigation (§47-10-02.2). The radon rule does not create a contingency or right to rescind unless the contract says so.

What the seller must give

  1. When

    Before final acceptance of the purchase agreement, unless the offer provides otherwise (§47-10-02.1(2), (6)).

  2. What

    All known material facts that could adversely and significantly affect an ordinary buyer's use and enjoyment, or an intended use.

  3. With a licensee

    Commission form or similar: latent defects, general condition, environmental, structural and mechanical; brokerage keeps the signed copy (§47-10-02.1(2)–(3)).

  4. Radon

    Known radon information, the statutory radon statement signed by the buyer, prior test results and mitigation evidence (§47-10-02.2(2)–(3)).

  5. Radon effect

    No contingency or right to rescind unless the contract provides it; a complying seller is not liable for radon claims (§47-10-02.2(4)–(5)).

Exempt sales (§47-10-02.1(7))

  • Court-ordered sales, foreclosures and transfers to or by a lender after default.
  • Fiduciaries administering an estate, guardianship, conservatorship or trust.
  • Transfers between co-owners, or to a spouse, child, parent, sibling, grandchild or grandparent.
  • New construction never occupied; transfers between government agencies.

What the TC keeps

  • The signed disclosure form, dated before final acceptance.
  • The radon statement signed by the buyer and any test results provided.
  • The brokerage's retained copy of the signed disclosure.

Questions buyers and sellers ask

Does North Dakota require a seller disclosure?

Yes. For homes of up to four units the seller discloses known material facts in writing before final acceptance of the purchase agreement (§47-10-02.1).

Is radon disclosure required in North Dakota?

Yes. The seller discloses known radon information, gives the statutory statement for the buyer to sign and provides any prior test results (§47-10-02.2).

Can a North Dakota buyer cancel over radon?

Only if the contract gives a radon contingency or right to rescind; the statute itself does not (§47-10-02.2(4)).

Related guides

Track the disclosure and radon statement as tasks with an owner and due date in ClosingCode – due before acceptance – with the signed copies on the deal.

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Source: North Dakota Century Code §§47-10-02.1 and 47-10-02.2 (ndlegis.gov, read October 25, 2026).

General information, not legal advice. ClosingCode is software; it is not a law firm or brokerage. This guide is not a substitute for the advice or services of an attorney.