North Dakota FSBO Disclosure Requirements (2026)

North Dakota's Seller Property Disclosure Form covers the primary requirements. Flooding — particularly the catastrophic Red River events in Fargo and Grand Forks, and the 2011 Souris River (Mouse River) flooding in Minot — is North Dakota's most significant disclosure issue. Radon (ND has some of the US's highest average indoor radon levels), basement water intrusion, and rural well/septic disclosure are the other key considerations.

North Dakota Disclosure Framework

NDCC §47-10-04 requires the Seller Property Disclosure Form. Sellers provide before or at contract; buyers have 5 business days after receipt to rescind.

Red River Flooding Disclosure

The Red River of the North defines North Dakota's eastern border with Minnesota. The river drains a nearly flat glacial lake bed and flows northward — a configuration that creates extraordinary spring flood risk as upstream snowmelt meets downstream ice jams.

Major Red River flood events requiring disclosure if your property was affected:

Souris River (Mouse River) Flooding — Minot

The 2011 Souris River flood in Minot was the most expensive natural disaster in North Dakota history. The Souris River (called the Mouse River locally) experienced record flow from above-normal snowpack in Saskatchewan and North Dakota. Minot experienced its worst flooding in 130 years of recorded history — approximately 4,000 structures in Minot were damaged or destroyed, displacing 12,000 residents.

Sellers who owned Minot properties affected in 2011 must disclose all flood details, repairs, insurance claims, and FEMA assistance.

Radon in North Dakota

North Dakota has some of the highest average indoor radon concentrations of any US state. The EPA designates all or most North Dakota counties as Zone 1 (predicted average indoor radon >4 pCi/L). The state's glacial soils over uranium-bearing rock produce radon throughout.

The disclosure form asks about radon. Disclose any testing. Mitigation systems are widely available in Fargo, Bismarck, Minot, and Grand Forks for $800–$2,000.

Basement Water Intrusion

North Dakota homes have basements and face significant spring water intrusion from snowmelt. Fargo's Red River Valley (extremely flat terrain) creates high groundwater pressure during spring. Disclose any basement water intrusion history, sump pump installation and operation, and any waterproofing systems.

Rural Well and Septic

Rural North Dakota extensively uses private wells and septic. Some areas of the state (particularly near agricultural operations) have groundwater quality concerns including nitrates. Disclose well water quality test results.

North Dakota No Transfer Tax

North Dakota has no state real estate transfer tax. Transaction costs are very low for ND sellers.