North Dakota process · seller view

The North Dakota Home-Selling Process: Your Step-by-Step Checklist

Selling a home in North Dakota is mostly contract-driven, with the state's material-fact rules putting the burden on you to share what you know about the property.

Reading as seller. Switch to buyer

Phase 1 of 7 · typically 2-6 weeks

Pre-Offer

Get your paperwork, pricing, and home prep in order before you go live on the market.

  1. Interview and pick a listing agent

    YouBefore listing your home

    Talk to 2-3 agents who work in your area. Ask how they price homes, how they market online, and what they charge. North Dakota agents must clearly identify their supervising brokerage in all advertising, so the brokerage name should appear on every flyer, sign, and online post.

    Cost: $0

  2. Sign the written agency disclosure

    Your agentAt first substantive contact, before signing a listing agreement

    North Dakota requires every licensee to give you a written agency disclosure at first substantive contact, using a form approved by the North Dakota Real Estate Commission. This explains who the agent represents (you, the buyer, or both) and what duties they owe you before you talk price or strategy.

    You'll need

    • NDREC agency disclosure form

    Cost: $0

  3. Sign the listing agreement

    Your agentBefore your home is listed

    This is the written contract that hires your agent. It says how long they will represent you, what they get paid, and what they will do to market your home. Read it carefully before signing.

    You'll need

    • Photo ID
    • Proof of ownership (deed or tax statement)

    Cost: $0

  4. Fill out a seller property disclosure

    YouBefore or at signing of the purchase agreement

    North Dakota does not have a state law that forces you to use a specific seller disclosure form, but the standard NAR-affiliated and NDREC-approved disclosure is used in almost every transaction. You must answer honestly about known defects (roof, foundation, plumbing, water, basement leaks). Hiding a known material defect can expose you to a fraud claim later.

    You'll need

    • Seller property disclosure form

    Cost: $0

  5. Check your flood zone and prepare to disclose

    YouBefore listing

    Flooding is a material fact in North Dakota, especially in the Red River Valley around Fargo and Grand Forks. Look up your property on the FEMA flood map and gather any past flood history or insurance claims. You must share what you know about flooding with the buyer.

    You'll need

    • FEMA flood map printout
    • Any prior flood insurance claims or repair records

    Cost: $0

  6. Gather mineral rights and meth contamination info

    YouBefore listing

    In North Dakota it is very common for mineral rights to be owned by someone other than the surface owner. Pull your deed and any title documents to confirm what mineral interests, if any, you actually own and will be transferring. If the property was ever a meth lab, state law requires it to be tested and remediated, and you must disclose any known history.

    You'll need

    • Deed
    • Mineral rights records
    • Any meth remediation paperwork

    Cost: $0

  7. Clean, declutter, and prep for showings

    You1-3 weeks before listing

    Walk through with fresh eyes. Deep clean every room, touch up paint in neutral colors, and pack away extra furniture. Small fixes like leaky faucets, burnt-out bulbs, and sticky doors make a big difference at showings.

    Cost: varies

  8. Set the price and go live on the MLS

    Your agentJust before going live

    Your agent will run a comparative market analysis using recent sales of similar homes. Together you set an asking price and put the listing on the regional MLS. Since 2024, listing agents can no longer publish a buyer-broker compensation offer in the MLS itself, but you can still offer seller concessions or compensation directly in negotiations or in the purchase agreement.

    You'll need

    • Comparative market analysis from your agent

    Cost: $0

Phase 2 of 7 · typically Days to a few weeks

Offer

Review incoming offers, weigh terms beyond price, and decide whether to accept, counter, or pass.

  1. Review each purchase agreement with your agent

    Your agentWithin 1-2 days of receiving each offer

    Most North Dakota offers come in on the NDREC-affiliated or NDMLS standard purchase agreement. Look beyond the price at earnest money amount, financing type, inspection and title contingencies, closing date, and what the buyer is asking you to pay or fix. Your agent should walk you through every line.

    You'll need

    • Buyer's purchase agreement
    • Pre-approval or proof of funds

    Cost: $0

  2. Evaluate how the buyer is paying

    Your agentWhile reviewing each offer

    Cash is fastest but not always the highest price. With a financed offer, look at loan type (conventional, FHA, VA, USDA), down payment size, and whether the buyer's lender has issued a full pre-approval instead of just a pre-qualification. A strong lender letter lowers the risk that the deal falls apart during the appraisal step.

    You'll need

    • Buyer pre-approval letter or proof of funds

    Cost: $0

  3. Accept, counter, or reject

    YouWithin the offer's response deadline

    You can sign the offer as is, send a written counter changing things like price, closing date, or repairs, or simply pass. Nothing is binding until both sides sign the same version of the agreement. Once both sides sign, you are under contract.

    You'll need

    • Signed or countered purchase agreement

    Cost: $0

Phase 3 of 7 · typically 30-60 days total to closing

Under Contract

The clock starts on earnest money, disclosures, and any condo or HOA documents you owe the buyer.

  1. Confirm earnest money is deposited

    Your agentWithin 3 business days of acceptance

    In North Dakota, the buyer's earnest money usually has to be deposited into the listing broker's trust account within three business days of offer acceptance, unless the contract says otherwise. Ask your agent to confirm the deposit hit the trust account on time so the contract stays in good standing.

    You'll need

    • Earnest money receipt from the broker's trust account

    Cost: $0

  2. Deliver all property disclosures to the buyer

    YouAt or shortly after signing the purchase agreement

    Sign and hand over the seller property disclosure, your flood zone information, and any other documents about known defects. North Dakota law requires you to disclose known material facts that affect value or desirability, even when there is no specific form for them.

    You'll need

    • Signed seller property disclosure
    • Flood and water disclosure if applicable

    Cost: $0

  3. Give the lead-based paint disclosure if the home was built before 1978

    YouBefore the buyer signs the purchase agreement

    Federal law (not a state-specific rule) requires sellers of homes built before 1978 to disclose any known lead-based paint and hand the buyer the EPA's "Protect Your Family from Lead" pamphlet. The buyer also has a 10-day window to do their own lead inspection unless they waive it in writing.

    You'll need

    • Federal lead-based paint disclosure form
    • EPA lead pamphlet

    Cost: $0

  4. Deliver the condo resale package if selling a condo

    YouAs soon as possible after going under contract

    If you are selling a unit in a condominium, North Dakota's Condominium Ownership Act requires you to provide the buyer with the declaration, bylaws, rules and regulations, most recent financial statements, and any pending or anticipated special assessments before closing. The buyer has a short window to back out if they do not get the full package.

    You'll need

    • Condo declaration
    • Bylaws
    • Rules and regulations
    • Most recent HOA financials
    • Special assessment notices

    Cost: varies

Phase 4 of 7 · typically 1-2 weeks after acceptance

Inspection

The buyer hires inspectors and may come back with repair or credit requests.

  1. Prepare the home for the buyer's inspection

    YouDay of the inspection

    Make sure the inspector can reach the attic, crawlspace, electrical panel, furnace, water heater, and any well or septic equipment. Leave keys for outbuildings. Plan to be out of the house during the 2-4 hour inspection so the buyer and inspector can talk freely.

    Cost: $0

  2. Review the buyer's inspection response

    Your agentWithin the inspection contingency period

    After the inspection, the buyer can ask you to fix specific items, give a credit at closing, lower the price, or walk away within the inspection window in your contract. Read their request carefully with your agent. Anything you knew about and didn't disclose can come back as a material-fact problem later.

    You'll need

    • Buyer's inspection report (if shared)
    • Buyer's amendment or repair request

    Cost: $0

  3. Negotiate repairs or a credit

    Your agentBefore the inspection contingency expires

    You can agree to make repairs before closing, give the buyer a cash credit at closing, lower the sale price, or refuse. Credits are often easier than scheduling contractors before closing. Get any deal in writing as a signed amendment to the purchase agreement.

    You'll need

    • Signed amendment
    • Repair invoices and receipts if you do the work

    Cost: varies

Phase 5 of 7 · typically 2-4 weeks

Loan & Appraisal

The buyer's lender orders the appraisal and finalizes the loan. Low appraisals or lender repair calls land on your plate here.

  1. Prepare the home for the appraisal

    Your agent1-2 weeks after going under contract

    An appraiser hired by the buyer's lender will visit to confirm the home is worth at least the contract price. Make sure everything is accessible, list any upgrades you have made (new roof, new furnace, finished basement), and have the comparable sales your agent used for pricing ready to share.

    You'll need

    • List of upgrades and improvements with dates
    • Comparable sales used for pricing

    Cost: $0

  2. Decide what to do if the appraisal comes in low

    Your agentWithin a few days of receiving the appraisal

    If the appraisal is below the sale price, the buyer's lender will only loan against the lower value. You can lower the price to match, meet in the middle, ask the buyer to cover the gap in cash, or let the buyer terminate under the financing contingency. Talk through the options with your agent before responding.

    You'll need

    • Appraisal report (or summary)
    • Signed price amendment if you renegotiate

    Cost: varies

  3. Handle any lender-required repairs

    YouBefore final loan approval

    If the buyer is using an FHA, VA, or USDA loan, the appraiser may flag items the lender requires you to fix before closing, like peeling paint, broken windows, or missing handrails. These are different from inspection items. Get the work done by a qualified contractor and keep receipts to give to the lender.

    You'll need

    • Appraiser repair list
    • Contractor invoices and final inspection sign-off

    Cost: varies

Phase 6 of 7 · typically 1-2 weeks before closing

Pre-Closing

Settle your mortgage payoff, review the final numbers, and get ready to move out.

  1. Order a mortgage payoff statement

    Escrow / title1-2 weeks before closing

    Have the title company or escrow agent request a written payoff statement from your current mortgage lender. This is the exact amount needed to pay off your loan on the closing date and goes into the final settlement math.

    You'll need

    • Lender payoff statement

    Cost: $0

  2. Review the closing statement

    Escrow / title1-3 days before closing

    A few days before closing, the title company will share a settlement statement that lists the sale price, your loan payoff, any seller-paid closing costs or buyer credits, and your net proceeds. North Dakota has no state real estate transfer tax, but you will pay things like prorated property taxes and a small county recording fee. Check every line and ask about anything that does not look right.

    You'll need

    • Closing/settlement statement

    Cost: $0

  3. Confirm you are not subject to FIRPTA withholding

    Escrow / titleBefore closing

    If you are not a U.S. citizen or U.S. resident alien for tax purposes, federal law (FIRPTA) generally requires the buyer to withhold 15% of the sale price and send it to the IRS as a deposit on your potential U.S. tax. The title company will ask you to sign a non-foreign status affidavit. Talk to a tax pro early if FIRPTA might apply to you.

    You'll need

    • FIRPTA non-foreign status affidavit
    • Tax ID number

    Cost: $0

  4. Plan your move-out and the buyer's final walkthrough

    YouDay or two before closing

    Most contracts let the buyer do a final walkthrough within 24-48 hours of closing to confirm the home is in the agreed condition and any promised repairs are done. Plan your move so the home is empty, clean, and ready before the walkthrough.

    Cost: varies

Phase 7 of 7 · typically 1 day

Closing

Sign the final paperwork, hand over the keys, and receive your proceeds.

  1. Sign the closing documents

    Escrow / titleClosing day

    At closing you will sign the deed transferring the property to the buyer, the settlement statement, and any required tax and identification affidavits. Bring a government-issued photo ID. North Dakota does not require an attorney at closing, but you can hire one if you want extra eyes on the paperwork.

    You'll need

    • Government photo ID
    • Signed deed
    • Final settlement statement

    Cost: $0

  2. Hand over keys and access items

    YouOnce recording is confirmed on closing day

    Give the buyer all keys, garage door openers, mailbox keys, alarm codes, appliance manuals, and any warranties that transfer with the home. Usually keys are released once the deed is recorded and funds are confirmed.

    You'll need

    • Keys, openers, codes
    • Manuals and warranties

    Cost: $0

  3. Receive your proceeds and shut down utilities in your name

    Escrow / titleClosing day or shortly after

    The title company will wire your net proceeds or hand you a check after recording. Confirm the wire instructions in person or by phone with a number you already trust before sharing your bank info, since wire fraud is common in real estate. Then call the utility companies to close out your accounts as of the closing date.

    You'll need

    • Wire instructions
    • Utility account numbers

    Cost: $0

Sources

  1. [1] NAR Settlement FAQs — MLS Policy Changes
  2. [2] NAR Settlement FAQs
  3. [3] NDCC Title 11 — County Recording Fees
  4. [4] NDCC 43-23-11.2 — Advertising and Team Names
  5. [5] NDCC 43-23-11 — Material Fact Disclosure
  6. [6] IRS FIRPTA Withholding — Foreign Persons Selling Real Property
  7. [7] NDCC 43-23-11 — Licensee Material Fact Disclosure
  8. [8] FEMA Map Service Center — Flood Insurance Rate Maps
  9. [9] NDCC 43-23-11 — Material Fact Disclosure
  10. [10] NDCC Chapter 23-40 — Methamphetamine Remediation
  11. [11] NDCC 43-23-11 — Licensee Material Fact Disclosure
  12. [12] NDCC 43-23-11 — Licensee Material Fact Disclosure
  13. [13] NDCC Chapter 47-04.1 — Condominium Ownership Act
  14. [14] NDCC 43-23-11 — Licensee Disclosure Duties
  15. [15] NDREC Approved Forms — Seller Property Disclosure
  16. [16] NDCC 43-23-11.2 — Advertising Standards
  17. [17] NDCC 43-23-11.1 — Agency Disclosure
  18. [18] NDREC Approved Forms — Agency Disclosure
  19. [19] EPA Lead-Based Paint Disclosure — Real Estate
  20. [20] NDREC Approved Forms
  21. [21] NDCC 43-23-11 — Trust Account and Escrow Requirements

Last updated May 15, 2026