Sell in Bismarck with Meydomo

Seller’s Property Disclosure (Voluntary but Common)

North Dakota law does not require a seller to provide a property condition disclosure form to a buyer by statute. However, since 2001, North Dakota has **encouraged** sellers to disclose known material facts, and nearly all sellers working with agents fill out a Seller’s Property Condition Disclosure statement (ND REALTORS® provides a standard form). This covers the basic condition of the property: structure, roof, basement, appliances, mechanical systems, presence of water damage, etc. Additionally, ND license law obligates agents to disclose **material facts** they know about. Specific statutory mandates: if a home was built before 1977 and has lead plumbing solder, that must be disclosed (federal lead law covers paint). If the property has ever been used as a meth lab and not remediated, that is a required disclosure. Despite no statutory form, failing to mention a latent major defect can open a seller to lawsuit for fraud. So practically, ND operates similarly to states with forms. There is also a separate state-mandated disclosure if the property is subject to a farm or ranch well waiver or pipeline easement, but those are niche cases.

• N.D. Cent. Code §47-10-02.1 (duty to disclose)
• NDREC Reg. 70-02-03-15

MLS Rules

North Dakota’s primary MLS (for example, the Fargo-Moorhead Area Association MLS) requires a listing agreement for each listing. Clear Cooperation is followed (within 1 business day of public marketing). MLS listings typically mention that a property disclosure is “on file” or “available upon request” — cooperating agents expect one even though not legally mandated, and the MLS system often has a checkbox if a disclosure is attached. At least one photo is required for MLS. In MLS remarks, ND agents might put “seller has never occupied the property” if it’s an estate or flip, to disclaim knowledge. But again, that doesn’t exempt from disclosing known issues. The MLS in ND will definitely remove any remarks that could violate fair housing or that mention buyer characteristics. It will also fine for late entry of pending or sold statuses (to keep data timely). Up in oil country, agents also might disclose in MLS if mineral rights are being reserved by seller (since ND has separate mineral estates often) — that’s typically done in agent remarks and of course in the deed, but MLS is used to get word out.

• FMAAR MLS Rules & Guidelines

Lead-Based Paint Hazard Disclosure

Federal law (Residential Lead-Based Paint Hazard Reduction Act of 1992) requires sellers of homes built before 1978 to disclose any known lead-based paint or lead hazards and provide buyers with the EPA’s lead hazard information pamphlet. Buyers must also be given a 10-day opportunity to conduct a lead paint inspection or waive that right.

• 42 U.S.C. 4852d
• 24 CFR 35

Fair Housing Act (No Discriminatory Advertising)

Under federal law, sellers and agents must not publish any advertising for a home that indicates a preference or limitation based on protected classes. For example, an ad cannot say 'perfect for single professionals' if it implies families are unwelcome. North Dakota also has a state fair housing law that aligns with the federal law, covering these categories.

• 42 U.S.C. §3604(c)
• N.D. Cent. Code §14-02.5-07