North Dakota Real Estate Purchase and Sale Agreement (Investor PDF)
An investor-ready purchase and sale agreement drafted for North Dakota transactions, plus a plain-English summary of what North Dakota law expects in a residential purchase contract. Free PDF, no signup required.
North Dakota Purchase and Sale Agreement
Free PDF • Updated July 2026
Part of our free real estate investor forms library.
What North Dakota Requires in a Purchase Contract
These are the contract and disclosure requirements our research identified for North Dakota residential transactions, with statute citations. Requirements change; always confirm the current rule before closing.
Seller Property Disclosure (material facts)
N.D. Cent. Code 47-10-02.1
Before the parties sign final acceptance of the purchase agreement (except as otherwise provided in the offer), the seller of a residential dwelling of up to 4 units must give the buyer a written disclosure of all known material facts that could adversely and significantly affect use and enjoyment, including latent defects, general condition, environmental, structural, and mechanical issues; in broker-assisted deals the form must be the ND Real Estate Commission form or substantially similar and the brokerage must retain the signed copy; FSBO sellers owe the same written material-fact disclosure under subsection 6 but the commission form is optional
Applies to: residential dwellings with no more than four units; exempt: court-ordered, government, foreclosure and mortgagee-acquired transfers, fiduciary transfers, co-owner and close-family transfers, and never-occupied new construction
Radon Disclosure Verbatim language required
N.D. Cent. Code 47-10-02.2
Before executing an agreement to sell residential real property, seller must disclose in writing any knowledge of radon concentrations, provide any prior test results and mitigation evidence, and deliver a statutory radon disclosure statement that the buyer signs to acknowledge receipt
Applies to: all residential real property
HOA / Condominium Disclosure
N.D. Cent. Code 47-10-02.3
For property subject to an HOA or condominium project, seller must disclose in writing (by agreed date or within 10 days of executing the sale agreement) assessment amounts and related association information
Applies to: property subject to HOA or condominium project
Federal Lead-Based Paint Disclosure Verbatim language required
42 U.S.C. 4852d; 40 CFR 745.113(a) (Subpart F)
For pre-1978 housing the sales contract must contain the verbatim Lead Warning Statement, seller's disclosure of known lead-based paint/hazards, records list, buyer acknowledgment plus 10-day inspection opportunity, and dated signatures
Applies to: pre-1978 target housing
North Dakota Regulates Wholesaling
N.D. Cent. Code 43-23-06.1 (broker definition) and 43-23-24 (wholesaler disclosure); 2023 license-law changes effective Aug 1, 2023; HB 1125 (2025) effective Aug 1, 2025
Publicly marketing for sale an equitable interest in a purchase contract is licensed brokerage activity with no owner exemption (43-23-07(2)); separately, a wholesaler (anyone contracting to profit from transfer of an equitable interest in real property) must disclose in writing to all parties that it holds only an equitable interest, may not be able to convey title, and intends to profit; on violation the seller may cancel any time before close of escrow and keep the wholesaler's earnest money, and the buyer may cancel with full earnest money refund; HB 1125 (2025) expanded coverage from residential (under 5 units) to all real property
See how North Dakota compares in our wholesaling laws by state table.
North Dakota Closing Practice at a Glance
| Deed convention | Warranty deed is customary for arm's-length residential sales; N.D.C.C. 47-10-06 provides the statutory form of grant, and the grantee's post office and street address is a prerequisite on the deed (47-10-07) |
| Transfer tax | None - North Dakota imposes no state deed transfer tax, mortgage tax, or documentary stamp tax; only county recording fees apply |
| Customary payer | not applicable |
| Attorney closing | Attorney not required for a typical closing. No attorney requirement; title company closings are standard, though abstract-and-attorney-title-opinion practice persists in some rural areas |
| Witness and notary | Acknowledgment by the person executing is required before an instrument can be recorded, with original signatures (N.D.C.C. 47-19-03); no subscribing witnesses needed if acknowledged (47-10-05); unacknowledged grants must instead be proved by a subscribing witness |
More Investor Resources
Disclaimer: This template and summary are provided free for reference and educational purposes. Clearway Home Buyers is not a law firm and does not provide legal advice, and no attorney-client relationship is created by downloading or using these forms. Real estate law varies by state and by transaction. Review any form with a licensed North Dakota attorney before use. Read the full disclaimer.
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