North Dakota Disclosure Law
NDCC §47-10-02.1 requires sellers of residential property to provide a written Residential Property Disclosure Statement to buyers before or at signing of the purchase contract.
What Must Be Disclosed
Oil Patch Properties
Properties in the Williston Basin area may have surface use agreements or oil/gas leases affecting the property. These must be disclosed. Buyers should obtain a title search that includes mineral rights and any surface agreements.
Exemptions
New construction, foreclosure sales, estate transfers, and court-ordered conveyances are exempt from the ND disclosure requirement.
Penalties
Failure to disclose known material defects entitles the buyer to rescind the contract before closing. Post-closing, buyers may pursue fraud damages for deliberate concealment.
Download the North Dakota disclosure form at byownerhub.com/north-dakota-fsbo-guide.