North Dakota § 47-10-02.2 Disclosure of prior radon test - Immunity from liability - Definitions

North Dakota Statutes

§ 47-10-02.2 — Disclosure of prior radon test - Immunity from liability - Definitions

North Dakota § 47-10-02.2

Title 47Property

Ch. 47-10Real Property Transfers

This text of North Dakota § 47-10-02.2 (Disclosure of prior radon test - Immunity from liability - Definitions) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.D. Cent. Code § 47-10-02.2 (2026).

Text

1.As used in this section:

a."Buyer" means a person negotiating or offering to acquire real property for value or legal or equitable title, or the right to acquire legal or equitable title to residential real property.

b."Mitigation" means measures designed to permanently reduce indoor radon concentrations.

c."Seller" means a person that owns legal or equitable title to residential real property.

d."Test" or "testing" means a measurement of indoor radon concentrations according to the "National Radon Action Plan 2021-2025", published by the environmental protection agency.

2.Before executing an agreement to sell or transfer residential real property, except as otherwise provided in an offer to execute a purchase agreement, a seller shall disclose in writing to the buyer any knowledge

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1. As used in this section:
a. "Buyer" means a person negotiating or offering to acquire real property for value
or legal or equitable title, or the right to acquire legal or equitable title to
residential real property.
b. "Mitigation" means measures designed to permanently reduce indoor radon
concentrations.
c. "Seller" means a person that owns legal or equitable title to residential real
property.
d. "Test" or "testing" means a measurement of indoor radon concentrations
according to the "National Radon Action Plan 2021-2025", published by the
environmental protection agency.
2. Before executing an agreement to sell or transfer residential real property, except as
otherwise provided in an offer to execute a purchase agreement, a seller shall disclose
in writing to the buyer any knowledge the seller has of radon concentrations in the
property. The seller or seller's agent shall provide the following disclosure statement to
the buyer, and the buyer shall acknowledge its receipt by signing a copy of the
disclosure statement:
RADON GAS IS A NATURALLY OCCURRING RADIOACTIVE GAS THAT,
WHEN IT HAS ACCUMULATED IN A BUILDING IN SUFFICIENT QUANTITIES,
MAY PRESENT HEALTH RISKS TO PERSONS WHO ARE EXPOSED TO IT
OVER TIME. LEVELS OF RADON THAT EXCEED FEDERAL GUIDELINES
HAVE BEEN FOUND IN BUILDINGS ON RESIDENTIAL REAL PROPERTY IN
NORTH DAKOTA. ADDITIONAL INFORMATION REGARDING RADON AND
RADON TESTING MAY BE OBTAINED FROM YOUR LOCAL PUBLIC HEALTH
UNIT OR THE STATE DEPARTMENT OF ENVIRONMENTAL QUALITY.
3. If the seller has knowledge the property previously has undergone testing for radon
gas and radon progeny, the seller shall provide a copy of test results reasonably
available to or in the seller's possession and evidence of mitigation to the buyer before
executing an agreement to sell or transfer the property. Any test result or evidence of
mitigation furnished under this section does not constitute a promise, warranty, or
representation by the seller or the seller's agent that the test results are accurate or
the mitigation is effective.
4. This section does not create a contingency on the purchase of the property or any
right to rescind a contract for purchase unless the contingency or right to rescind is an
express term of the contract.

5. A seller or seller's agent complying with this section is not liable for any claim or action
based on the presence of radon gas or radon progeny found in the residential real
property subject to disclosure under this section.