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The North Dakota Real Estate Commission’s current public forms page does not list an ordinary residential purchase-agreement blank. If a North Dakota brokerage is involved, obtain the current purchase agreement and addenda that brokerage is authorized to use. If no brokerage is involved, use a transaction-specific written contract prepared or reviewed before anyone signs. In either situation, handle the seller’s written property disclosure, radon materials, and any HOA or condominium documents on time. Choose your situation:
Ask the responsible brokerage for its current authorized purchase agreement and addenda—even if only one party has a licensee. For a covered nonexempt owner sale of a residential dwelling with no more than four units, the seller must use the official NDREC property disclosure or a substantially similar form. Handle the separate radon requirements before executing the agreement unless the offer provides otherwise.
See the brokerage-involved stepsNorth Dakota land-sale agreements generally must be in writing. Have a North Dakota real-estate attorney prepare the agreement or review it before either party signs. A covered FSBO seller still must disclose known material facts in writing under §47-10-02.1(6); the seller may use the free NDREC form even though that particular form is not mandatory for an unassisted transaction.
See the FSBO document stepsNDREC publishes its Seller’s Property Condition Disclosure Form – with radon disclosure free of charge. Licensee-assisted covered transactions must use this form or a substantially similar one; unrepresented sellers may use it to satisfy their written-disclosure work.
Open the official NDREC disclosure (PDF)PublicLegal links the free NDREC disclosure instead of selling a copy, and it does not host, reproduce, or adapt the NDAR Purchase Agreement restricted to licensed North Dakota REALTORS®.
North Dakota law and public form access checked August 2026 · Sources include NDCC §§47-10-02.1 through 47-10-02.3 and 9-06-04; NDREC SFN 62358 (07/2025, posted Revised 08-2025); NDAR Purchase Agreement Rev. 8/2024; EPA lead
PublicLegal provides independent self-help guidance and links to official North Dakota sources. We do not sell a North Dakota purchase agreement or provide legal advice.
These disclosure statutes do not create a general cooling-off period. Section 47-10-02.2 itself creates neither a radon contingency nor a right to rescind unless the contract expressly provides one. Do not overlook the separate HOA and condominium rule: §47-10-02.3 can make a contract voidable until the required association documents are provided and for five days after receipt, or until conveyance, whichever occurs first.
Editorial summary based on NDCC §9-06-04(3) (writing requirement for land-sale contracts); §47-10-02.1 (written property disclosure for covered residential owner sales, including licensee-assisted and unassisted paths, NDREC form authority, and exemptions); §47-10-02.2 (radon disclosure effective August 1, 2025); §47-10-02.3 (HOA/condominium document delivery and buyer voidability); NDREC public Seller’s Property Condition Disclosure Form with radon (SFN 62358); North Dakota Association of REALTORS® Purchase Agreement restricted to licensed REALTORS®; and EPA lead materials. Confirm the current Century Code text and form revision before use. PublicLegal does not sell a North Dakota purchase-agreement substitute on this page.
The purchase agreement sets the parties’ price, financing, inspection, title, closing, possession, default, and cancellation obligations. The property disclosure reports conditions known to the seller. The deed conveys title later at closing. Radon and HOA or condominium materials are separate disclosure tracks. None of these documents replaces the others.
NDREC publishes a free official seller disclosure form with radon content. It does not currently list a consumer residential purchase-agreement blank on its public forms page. Brokered deals use agreements the brokerage is authorized to provide. FSBO parties should use North Dakota counsel for contract preparation or review.
Property type and association status matter. Confirm whether §47-10-02.1 exemptions apply and whether the property is subject to association or condominium documents under §47-10-02.3.
NDREC’s current public forms page does not list an ordinary consumer residential purchase-agreement blank. Obtain the current purchase agreement and addenda the responsible brokerage is authorized to use. The North Dakota Association of REALTORS® Purchase Agreement is approved for licensed REALTORS® only—its header restricts use to licensed REALTORS® in North Dakota. PublicLegal does not host, sell, or adapt that form.
Under NDCC §47-10-02.1, when a brokerage-associated licensee represents or assists a party in a nonexempt owner sale of a North Dakota residential dwelling with no more than four units, the seller must prepare a written disclosure of known material facts that could adversely and significantly affect an ordinary buyer’s use and enjoyment or a known intended use. The disclosure must use the NDREC form or a substantially similar form and must address latent defects, general condition, environmental issues, structural systems, and mechanical issues. Deliver it before the parties sign final acceptance unless the offer validly provides otherwise. The brokerage firm retains a signed copy.
Complete the separate radon requirements under §47-10-02.2 before executing the agreement unless the offer provides otherwise. If the property is subject to a homeowners association or condominium project, calendar the §47-10-02.3 document package and buyer voidability window. PublicLegal does not sell a North Dakota REALTORS® lookalike.
NDCC §9-06-04 generally makes an agreement for the sale of real property invalid unless a writing or memorandum is subscribed by the party to be charged. An agent’s authority must also be in writing. Have a North Dakota real-estate attorney prepare or review the agreement before anyone signs—covering parties, legal description, price, earnest money, financing, inspections, title, taxes, fixtures, risk of loss, closing, possession, default, remedies, and any negotiated cancellation rights.
An unassisted sale is not exempt from North Dakota’s written material-fact disclosure rule merely because no agent is involved. For a nonexempt owner sale of a North Dakota residential dwelling with no more than four units, §47-10-02.1(6) still requires written disclosure of known material facts that could adversely and significantly affect an ordinary buyer’s use and enjoyment or a known intended use. The seller may use the free NDREC form, but an unrepresented transaction is not required to use that exact form.
Radon disclosure under §47-10-02.2 and HOA/condominium document duties under §47-10-02.3 can still apply. A title or settlement provider may handle closing logistics but is not automatically either party’s personal lawyer. PublicLegal does not sell a North Dakota purchase-agreement substitute on this page.
NDCC §47-10-02.1 applies to nonexempt transactions for the sale, exchange, or purchase of a North Dakota residential dwelling with no more than four units being sold or exchanged by the owner. Except as otherwise provided in an offer to purchase, the seller must make a written disclosure of all material facts the seller is aware could adversely and significantly affect an ordinary buyer’s use and enjoyment of the property or any intended use of which the seller is aware—before the parties sign final acceptance. The disclosure must be made in good faith based on the best of the seller’s knowledge.
When a real estate broker, broker associate, or salesperson associated with a brokerage firm represents or assists a party, the disclosure must be on the form established by the North Dakota Real Estate Commission or a substantially similar form and must include latent defects, general condition, environmental issues, structural systems, and mechanical issues. The firm retains a signed copy. If no licensee represents or assists a party, §47-10-02.1(6) still requires written disclosure of those known material facts for covered nonexempt transactions; the writing may be a property-disclosure form, and the seller may use the free NDREC form.
Statutory exceptions include transfers pursuant to court order; between government agencies; by a mortgagor in default to a mortgagee; pursuant to a foreclosure sale; by a mortgagee or deed-of-trust beneficiary who acquired the property by foreclosure, deed in lieu, or related path; by a fiduciary administering a decedent’s estate, guardianship, conservatorship, or trust; between co-owners; to a spouse, child, parent, sibling, grandchild, or grandparent; and newly constructed residential property with no previous occupancy.
Separately, NDCC §47-10-02.2 requires residential sellers—before executing an agreement to sell or transfer, except as otherwise provided in an offer—to disclose in writing any knowledge of radon concentrations, provide the exact statutory radon gas statement for the buyer to acknowledge by signature, and, if the seller knows the property was previously tested, provide reasonably available or possessed test results and evidence of mitigation. The statute does not itself create a purchase contingency or right to rescind unless the contract expressly provides one. A seller or seller’s agent who complies is not liable for claims based on radon presence under that section.
Federal lead disclosures still apply to most housing built before 1978. The official NDREC form is not a warranty and is not a substitute for inspections or public-record research.
Key points to keep straight:
Coverage, exemptions, and timing questions turn on the exact Century Code text and your facts. When in doubt, ask North Dakota counsel and use the current NDREC form.
We do not sell a North Dakota purchase-contract substitute. When you need a related PublicLegal product, these are optional and stage-specific—not replacements for the purchase agreement.
Use this as a practical sequence—not a substitute for advice on your facts.
Depending on the property and transaction, parties may also need to address:
Local practices differ across North Dakota markets. Use professionals and primary sources for your address.
The purchase agreement creates the sale obligations. The deed transfers title at closing and recording. Do not treat a deed form as a substitute for the purchase contract or the seller disclosure.
This page does not claim that a North Dakota attorney must personally conduct every ordinary residential closing. Coordinate title examination, payoff, settlement, recording, and deed preparation with the selected North Dakota professionals. Unrepresented parties should obtain legal advice before signing the purchase agreement, especially where seller financing, mineral reservations, title defects, estates, trusts, boundaries, or association disputes are involved.
There is no live North Dakota state deeds hub on PublicLegal. Use the North Dakota warranty deed product as the primary closing-stage conveyance path and the quitclaim deed only for limited-purpose transfers—not as the ordinary sale default.
Independently verify wire instructions. Real-estate wire fraud is common.
That keeps this page honest: orientation and primary-source links, not a substitute for authorized brokerage forms or North Dakota legal advice.
NDREC’s current public forms inventory does not list an ordinary consumer residential purchase agreement. It does publish a free Seller’s Property Condition Disclosure Form with radon content. PublicLegal does not sell a North Dakota REALTORS® lookalike.
For a covered nonexempt owner sale of a residential dwelling with no more than four units, written material-fact disclosure is still required under §47-10-02.1(6) even when no licensee is involved. The exact NDREC form is optional for unassisted transactions, though sellers may use it.
No. The NDAR Purchase Agreement header states it is only for use by licensed REALTORS® in North Dakota. Do not treat the public PDF as a consumer blank.
No. Section 47-10-02.2 does not create a contingency or right to rescind unless the contract expressly provides one.
Yes. Under §47-10-02.3, the contract may be voidable by the buyer until the required association documents are provided and for five days after receipt, or until conveyance, whichever occurs first.
No. The purchase agreement creates the obligation to buy and sell. Title typically transfers later by deed at closing. Use the North Dakota warranty deed product page—there is no live state deeds hub.
This page does not claim a statewide statute requires an attorney at every ordinary residential closing. Unrepresented parties and complex deals should still use North Dakota counsel for the purchase agreement.
PublicLegal provides self-help forms and information. This is not legal advice. Real estate purchase and disclosure rules vary by state and transaction. Confirm requirements for your property with a qualified professional when needed.