On Apr. 15, ND LEG enacted bill on real property radon disclosures.
ND LEG enacted SB 2204 related to required disclosure of radon hazards by seller.
Amendments to North Dakota century code by adding new section to ND LEG 47-10.
Legislative Provisions
Added before executing agreement to sell or transfer residential real property, seller must disclose in writing to buyer any knowledge of radon concentrations in property.
The seller or seller's agent must provide the disclosure statement to the buyer, and the buyer must acknowledge its receipt by signing a copy of the disclosure statement.
Levels of radon that exceed federal guidelines have been found in buildings on residential real property in ND; info regarding radon, radon testing may be obtained.
If seller has knowledge property previously undergone testing for radon gas, radon progeny, seller must provide test results, evidence of mitigation before agreement.
Test result, evidence of mitigation furnished does not constitute a promise, warranty, representation by seller, seller's agent test results are accurate mitigation is effective.
Does not create a contingency on purchase of property, any right to rescind a contract for purchase unless contingency, right to rescind is an express term of contract.
A seller, seller's agent complying is not liable for any claim or action based on presence of radon gas, radon progeny found in residential real property subject to disclosure.
Legislative History
On Jan. 14, 2025, bill introduced into Senate; on Jan. 30, 2025, bill passed Senate.
On Feb. 18, 2025, bill introduced in the House; on Apr. 4, 2025, bill passed the House.
On Apr. 14, 2025, delivered to governor; on Apr. 15, 2025, signed by the governor.
Effectiveness
Per ND Constitution, upon approval by governor, bill becomes effective Aug. 1, 2025.
