ND · Flood-disclosure law

Does a North Dakota seller have to disclose flooding?

North Dakota Century Code 47-10-02.1 requires a seller to prepare a written property disclosure form and make it available to the prospective buyer before the parties sign final acceptance of the purchase agreement, in residential transactions (dwellings of no more than four units) where a licensed real estate broker/associate/salesperson represents or assists a party. The form must disclose all material facts the seller is aware of that could adversely and significantly affect an ordinary buyer's use and enjoyment of the property, using the form established by the ND Real Estate Commission or a substantially similar form. The Commission's form covers flood/water-related items, but the statute itself imposes a general 'all material facts' standard rather than enumerated flood questions.

North Dakota at a glance

General disclosure

A general property-condition disclosure captures flooding through a water/drainage or known-defect item, but has no dedicated flood-zone question.

DisclosureRequired

Opt-outNone

Corroborated (secondary)· verified June 16, 2026

N.D. Cent. Code § 47-10-02.1 (Property disclosure - Requirements - Exceptions)

The 4-card answer

North Dakota flood-disclosure, decoded

Whether the seller must disclose, what triggers it, the penalties, and any opt-out gotcha — each card cites its source.

Does the seller have to disclose flooding?

Disclosure required

General disclosure

North Dakota Century Code 47-10-02.1 requires a seller to prepare a written property disclosure form and make it available to the prospective buyer before the parties sign final acceptance of the purchase agreement, in residential transactions (dwellings of no more than four units) where a licensed real estate broker/associate/salesperson represents or assists a party. The form must disclose all material facts the seller is aware of that could adversely and significantly affect an ordinary buyer's use and enjoyment of the property, using the form established by the ND Real Estate Commission or a substantially similar form. The Commission's form covers flood/water-related items, but the statute itself imposes a general 'all material facts' standard rather than enumerated flood questions.

A general property-condition disclosure captures flooding through a water/drainage or known-defect item, but has no dedicated flood-zone question.

N.D. Cent. Code § 47-10-02.1 (Property disclosure - Requirements - Exceptions)Corroborated (secondary)· verified June 16, 2026

What triggers the duty

Sale/exchange of a residential dwelling of no more than four units located in North Dakota
A licensed real estate broker, broker associate, or salesperson represents or assists a party to the transaction
Disclosure form must be made available to the prospective buyer before signing final acceptance of the purchase agreement
Material facts include flood/water damage and drainage issues to the extent they could adversely and significantly affect use and enjoyment

Penalties & remedies

If a real estate licensee associated with a brokerage violates this section, the North Dakota Real Estate Commission may investigate and take disciplinary action. The statute is enforced primarily through licensee discipline; it does not on its face create a specified civil penalty.

Buyer remedy: Statute focuses on licensee discipline rather than a stated buyer remedy. A buyer's recourse for an undisclosed material defect generally lies in common-law fraud/misrepresentation or breach claims; whether a private right of action/rescission exists under 47-10-02.1 was not confirmed from primary text.

Opt-out gotchas

No statutory opt-out or waiver-for-credit mechanism identified. The disclosure duty (where it exists) cannot simply be bought out.

Research note ▾

The full primary statute text could not be fetched directly (ndlegis.gov timed out; FindLaw and Justia returned 403). Multiple consistent secondary renderings of 47-10-02.1 confirm: written disclosure form required before final acceptance; scope residential up to 4 units in broker-assisted transactions; 'all material facts' standard; ND Real Estate Commission form or substantially similar; licensee discipline for violations. No flood-specific statutory item; flood is captured under the general material-facts standard, and the NDREC Seller's Property Disclosure form includes water/flood/drainage questions. Earlier blogs calling ND pure 'buyer-beware' are contradicted by 47-10-02.1's affirmative form requirement in broker-assisted deals.

Buyer's rights

If you're buying in North Dakota

Your rights re-framed from the buyer's side, plus a pre-closing checklist that holds in every state.

What North Dakota law gives you as a buyer

North Dakota requires a seller disclosure (see the answer cards), so you have a statutory document to rely on — and a remedy if the seller knowingly withheld a material flood fact. Statute focuses on licensee discipline rather than a stated buyer remedy. A buyer's recourse for an undisclosed material defect generally lies in common-law fraud/misrepresentation or breach claims; whether a private right of action/rescission exists under 47-10-02.1 was not confirmed from primary text.

N.D. Cent. Code § 47-10-02.1 (Property disclosure - Requirements - Exceptions)

Your pre-closing checklist (works in every state)

Pull a free FEMA flood-zone lookup
Enter the address on FEMA's Flood Map Service Center to see the property's flood-zone designation (Special Flood Hazard Area = Zone A/V). This is public and free, regardless of what the seller discloses.
msc.fema.gov ↗
Request a CLUE / loss-history report
A C.L.U.E. (Comprehensive Loss Underwriting Exchange) report shows insurance claims filed on the property in the last ~7 years, including water and flood claims. The current owner can pull theirs free once a year from LexisNexis.
LexisNexis consumer disclosure ↗
Get an independent inspection — ask about water
Hire your own inspector and specifically flag drainage, grading, sump pumps, and signs of past water intrusion (staining, efflorescence, fresh paint in basements). An inspection contingency protects you if problems surface.
Get a flood-insurance quote before you waive contingencies
Quote NFIP or private flood coverage early. Homeowners' insurance does NOT cover flood damage. A federally backed mortgage on a property in a Special Flood Hazard Area generally requires flood insurance — budget for it.
floodsmart.gov ↗

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North Dakota

Does the seller have to disclose flooding?

Disclosure required

General disclosure

North Dakota Century Code 47-10-02.1 requires a seller to prepare a written property disclosure form and make it available to the prospective buyer before the parties sign final acceptance of the purchase agreement, in residential transactions (dwellings of no more than four units) where a licensed real estate broker/associate/salesperson represents or assists a party. The form must disclose all material facts the seller is aware of that could adversely and significantly affect an ordinary buyer's use and enjoyment of the property, using the form established by the ND Real Estate Commission or a substantially similar form. The Commission's form covers flood/water-related items, but the statute itself imposes a general 'all material facts' standard rather than enumerated flood questions.

A general property-condition disclosure captures flooding through a water/drainage or known-defect item, but has no dedicated flood-zone question.

N.D. Cent. Code § 47-10-02.1 (Property disclosure - Requirements - Exceptions)Corroborated (secondary)· verified June 16, 2026

What triggers the duty

Sale/exchange of a residential dwelling of no more than four units located in North Dakota
A licensed real estate broker, broker associate, or salesperson represents or assists a party to the transaction
Disclosure form must be made available to the prospective buyer before signing final acceptance of the purchase agreement
Material facts include flood/water damage and drainage issues to the extent they could adversely and significantly affect use and enjoyment

Penalties & remedies

If a real estate licensee associated with a brokerage violates this section, the North Dakota Real Estate Commission may investigate and take disciplinary action. The statute is enforced primarily through licensee discipline; it does not on its face create a specified civil penalty.

Buyer remedy: Statute focuses on licensee discipline rather than a stated buyer remedy. A buyer's recourse for an undisclosed material defect generally lies in common-law fraud/misrepresentation or breach claims; whether a private right of action/rescission exists under 47-10-02.1 was not confirmed from primary text.

Opt-out gotchas

No statutory opt-out or waiver-for-credit mechanism identified. The disclosure duty (where it exists) cannot simply be bought out.

Research note ▾

The full primary statute text could not be fetched directly (ndlegis.gov timed out; FindLaw and Justia returned 403). Multiple consistent secondary renderings of 47-10-02.1 confirm: written disclosure form required before final acceptance; scope residential up to 4 units in broker-assisted transactions; 'all material facts' standard; ND Real Estate Commission form or substantially similar; licensee discipline for violations. No flood-specific statutory item; flood is captured under the general material-facts standard, and the NDREC Seller's Property Disclosure form includes water/flood/drainage questions. Earlier blogs calling ND pure 'buyer-beware' are contradicted by 47-10-02.1's affirmative form requirement in broker-assisted deals.

Summary of North Dakota law as of June 2026. Not legal advice.

Full North Dakota page

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