North Dakota requires sellers to put it in writing. The form is the Seller's Property Condition Disclosure. Under N.D.C.C. 47-10-02.1, before final acceptance of a purchase agreement for a residential dwelling of four or fewer units the seller must provide a written disclosure of all material facts the seller is aware of that could adversely and significantly affect an ordinary buyer's use and enjoyment; when a broker is involved the commission form (SFN 62358) or a substantially similar form must be used.
What the disclosure covers — and what it is
Check the records behind the address before you offer.
Check any address — free previewExpect a written Seller's Property Condition Disclosure covering latent defects, general condition, environmental, structural and mechanical issues, based on what the seller actually knows. Note the statutory exemptions (for example court-ordered, foreclosure, family and new-construction transfers) and, from August 1, 2025, separate radon and HOA/condominium resale disclosures.
Flooding: the answer that matters most
Whether North Dakota law specifically requires flood disclosure, treat it as your job either way: run the exact parcel through FEMA's National Flood Hazard Layer before you offer. A flood-zone home means a flood-insurance requirement if you finance — and that premium belongs in your monthly-cost math from day one.
The North Dakota traps inside the paperwork
New HOA and condominium resale disclosure (2025). NDCC 47-10-02.3, effective August 1, 2025, requires sellers of property subject to HOA or condominium rules to deliver a fifteen-item written disclosure within ten days of the purchase agreement, and the contract is voidable by the buyer until the documents are provided and for five days after receipt.
Radon disclosure added in 2025. The current commission disclosure form (SFN 62358, revised 07/2025) states that beginning August 1, 2025 additional disclosure and documentation on radon is required under NDCC 47-10-02.2 - a point out-of-state buyers and older checklists miss.
What no disclosure will ever tell you
A disclosure is the seller's knowledge, on the seller's timeline. It says nothing about the street's crime trend, the registry, the tax bill you will pay after the sale, permits pulled (or never pulled) for the renovation in the photos, or the rezoning working its way through the planning office. In North Dakota, property tax reassessment works like this: North Dakota values property at true and full value each year and a sale does not reset or uncap anything, so the seller's bill is a fair guide subject to annual market revaluation and mill changes. There is no purchase-price step-up to budget for — which is why the seller's current bill is a poor guide to yours. Pull those records yourself; they are all public.
Check the records behind the address before you offer.
Check any address — free previewYour checks, in order
- Read the disclosure line by line, and get 'unknown' answers in writing anyway — an unknown is a flag, not a pass.
- Run the exact parcel on FEMA's flood map.
- Estimate your post-sale tax bill with the North Dakota records guide — never budget from the seller's bill.
- Check the address against the official North Dakota registry.
- Ask the county for open and expired permits on the address before you waive anything.
Frequently asked questions
Is a seller disclosure form required in North Dakota?
Yes — the Seller's Property Condition Disclosure. Under N.D.C.C. 47-10-02.1, before final acceptance of a purchase agreement for a residential dwelling of four or fewer units the seller must provide a written disclosure of all material facts the seller is aware of that could adversely and significantly affect an ordinary buyer's use and enjoyment; when a broker is involved the commission form (SFN 62358) or a substantially similar form must be used.
Does a North Dakota seller have to disclose flooding?
Do not rely on the paperwork either way — check the parcel on FEMA's National Flood Hazard Layer, which is the map lenders and insurers use.
The seller answered 'unknown' to half the form. Now what?
'Unknown' is legal in most regimes and useful to nobody. Treat every unknown as a job: inspection, permit search, and the county record file. If the seller genuinely doesn't know, the records usually do.
Sources: sexoffender.nd.gov · tax.nd.gov · hoadocsdirect.com · realestatend.org
See what the listing doesn't say.
Every CurbFacts report pulls the public records behind an address — flood determination, registry, tax reset, price history, permits, and what's planned nearby — and shows its sources.
Check any address — free preview