A property disclosure statement is a written document provided by a seller of real property to the prospective buyer stating that the property has a material or significant problem or defect and disclosing the nature of the problem or defect—or stating the seller is unaware of any such problems or defects.
In North Dakota, a property disclosure statement is a mandatory document that sellers of residential real property must provide to prospective buyers. This disclosure is governed by North Dakota Century Code (NDCC) 47-10-02.1, which requires sellers to disclose in writing any material defects known to them that could significantly affect the property's value or the buyer's use and enjoyment of it. The law specifies that the disclosure must be made in good faith and prior to the transfer of the property. The statement should cover various aspects of the property, including but not limited to the condition of the structure, electrical, plumbing, heating, and cooling systems, as well as any known environmental hazards. If a seller is unaware of any problems or defects, they must state this explicitly. Failure to provide a complete and accurate disclosure can result in legal consequences for the seller, including potential rescission of the sale or damages.