Selling a Home in Garrison? What North Dakota Sellers Must Disclose Before an Offer Is Final

If you are preparing to sell a home in Garrison or elsewhere in McLean County, the seller disclosure is more than routine paperwork. North Dakota law requires written property-condition disclosure in many residential transactions, and since August 1, 2025, state law also includes specific radon disclosure requirements.

For sellers, the practical takeaway is simple: gather what you know about the property before you list, disclose known material facts accurately, and have relevant radon records ready before the purchase agreement reaches final acceptance.

When does North Dakota require a seller property disclosure?

North Dakota Century Code § 47-10-02.1 applies to many sales of owner-sold residential dwellings with no more than four units. When a licensed real estate professional represents or assists a party, the seller generally must prepare a written disclosure and make it available to the prospective buyer before the parties sign the final acceptance of the purchase agreement, unless a statutory exception applies.

The law says the disclosure must include material facts the seller knows could adversely and significantly affect an ordinary buyer's use and enjoyment of the property, or an intended use the seller knows about. The disclosure covers areas including latent defects, general condition, environmental issues, structural systems and mechanical issues.

North Dakota Real Estate Commission Seller Disclosure Resources

What changed with radon disclosure?

Beginning August 1, 2025, North Dakota added specific requirements related to radon.

The North Dakota Real Estate Commission states that a seller must disclose in writing any knowledge the seller has of radon concentrations in the property. The seller or seller's agent must also provide the statutory radon statement, and the buyer must acknowledge receipt by signing a copy of the disclosure statement.

If the seller knows the property was previously tested for radon, the seller must provide reasonably available or possessed test results and evidence of mitigation before executing an agreement to sell or transfer the property.

That makes old radon reports and mitigation paperwork worth locating before a home goes on the market.

What should a Garrison homeowner gather before listing?

A good pre-listing file can make the disclosure process easier. Consider gathering records you already have for major repairs and improvements, roof or siding work, furnace and air-conditioning replacement, plumbing or electrical work, basement or foundation repairs, water intrusion, septic or well service for rural properties, insurance-related repairs, radon testing or mitigation, and permits or warranties when applicable.

This is not about creating guarantees about the property. It is about organizing the information you actually have so known issues can be addressed accurately.

Lake, rural and acreage properties may require extra homework

Properties around Garrison, Lake Sakakawea, Lake Audubon and rural McLean County can have features that an in-town home may not have, including private wells, septic systems, outbuildings, private roads, easements or acreage improvements.

North Dakota's disclosure law focuses on material facts the seller knows. Sellers should not assume that an issue is unimportant simply because it is common to rural or recreational property.

If you are unsure whether a fact should be disclosed, discuss it with your real estate professional and, when legal interpretation is needed, an attorney rather than trying to decide based on what another seller did.

Should you repair a known issue or disclose it?

Disclosure and repair are different decisions. A seller may choose to repair an issue before listing, price the property with its condition in mind, or disclose a known condition and allow buyers to evaluate it.

The better strategy depends on the problem, cost, property and likely buyer response. What should not happen is intentionally hiding a known material condition.

Frequently Asked Questions

Do North Dakota home sellers have to complete a property disclosure? North Dakota law requires written property disclosure in many sales of owner-sold residential dwellings with no more than four units. There are statutory exceptions, so the requirements should be evaluated for the specific transaction.

When should the buyer receive the disclosure? For transactions covered by § 47-10-02.1, the seller generally must make the written disclosure available before the parties sign final acceptance of the purchase agreement, except as otherwise provided in an offer to purchase agreement.

Does North Dakota require radon disclosure when selling a house? Yes. Since August 1, 2025, state law requires sellers to disclose knowledge of radon concentrations and includes additional requirements for the statutory radon statement and available prior testing and mitigation records.

Should I disclose an old problem that was repaired? The correct answer depends on the facts. Do not assume a repaired condition is automatically irrelevant. Provide your real estate professional with the history and documentation you have so the disclosure can be handled accurately. Seek legal advice when necessary.

Are lake cabins and rural homes around Garrison subject to the same disclosure law? A residential property can fall under the state disclosure statute based on the transaction and property type, not simply whether it is in town, rural or near a lake. Statutory exceptions can apply, so each transaction should be evaluated individually.

Thinking about selling in Garrison or McLean County?

Preparing the disclosure before your home hits the market can uncover questions while there is still time to find records, obtain information and decide whether repairs make sense.

If you are considering selling a home, lake property, cabin or acreage around Garrison, Lake Sakakawea, Lake Audubon or elsewhere in McLean County, contact Darrin Sand, REALTOR® | NextHome Legendary Properties.

This article provides general real estate information and is not legal advice.