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North Dakota Home Sale Package

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NORTH DAKOTA HOME SALE PACKAGE

Prepared by U.S. Legal Forms, Inc.
Copyright 2019 ~ U.S. Legal Forms, Inc.

NORTH DAKOTA HOME SALE PACKAGE

Control Number: ND-HOME

Offer to Purchase, Contract and Disclosure Forms
for use in the sale of a home.

USLEGAL

USLEGALFORMS.COM

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TABLE OF CONTENTS

This USLF Home Sale Package includes essential, state-specific forms for the sale of residential real estate.

  1. Form List
  2. Definitions
  3. Form Descriptions
  4. Additional Notes
    • Other Useful USLF Home-sale Products
    • Tips on Completing the Forms
    • Disclaimer

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I. FORM LIST

  1. Offer to Purchase Real Estate
  2. Contract for the Sale and Purchase of Real Estate
  3. Seller's Disclosure
  4. Lead-Based Paint Disclosure*
  5. EPA-required* pamphlet: “Protect Your Family From Lead in Your Home”

*Required if the house was built prior to 1978.

II. DEFINITIONS

The following real estate terms are defined for your convenience:

  1. Contract: The Contract in this package is a detailed written agreement, signed by the parties thereto, to buy and sell real estate.
  2. Real Estate: Land and any structures thereon.
  3. Consideration: Something promised, given, or done that has the effect of making an agreement a legally enforceable contract.
  4. Fixture: Property that becomes part of the real estate when attached thereto in a permanent manner, for example, a ceiling fan.
  5. Earnest Money: Money paid by the buyer at the time of the initial signing of the contract, usually $1000.00 or 1% of the sale price.
  6. Closing: The final meeting in which all purchase money is paid over by buyer to seller and ownership is exchanged.
  7. Pro-rationing: Dividing yearly (or other) costs (such as property taxes) between buyer and seller in proportion to how much of the year each party owns the property.
  8. Casualty Loss: Damage to or destruction of the property, for example by fire. The Contract contains an agreement on the consequences of a casualty loss after initial signing, but before final closing.
  9. Default: A failure by one party to live up to their contractual obligations. The Contract contains an agreement on the rights of the non-defaulting party in case of default.
  10. Eminent Domain: An appropriation of the property by the government. The Contract contains a provision on the consequences of loss of the property due to Eminent Domain after initial signing, but before final closing.

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  1. "Time is of the Essence”: Language used in the Contract to indicate that deadlines stated therein are important, and will be strictly enforced.

III. FORM DESCRIPTIONS

  1. Offer to Purchase Real Estate

    This form is in effect an invitation to enter into a full-scale sale/purchase contract, and is sometimes used by purchasers to show definite interest by virtue of a written statement. The Offer to Purchase form is only used by prospective purchasers, not by sellers. Its use is completely optional, and may be skipped altogether in favor of submitting a proper Contract to the seller as the first step in the negotiation process. This form is not a binding contract, because it states that any agreement is contingent upon approval and signing by the parties of a Contract for Purchase (i.e., a detailed sale/purchase contract). Important terms and conditions acceptable to the purchaser are outlined in the Offer to Purchase form. The seller normally responds to this type of offer by presenting the prospective purchaser with a detailed, full-scale contract like the Contract for the Sale and Purchase of Real Estate contained in this package.

  2. Contract of Sale

    The Contract for the Sale and Purchase of Real Estate (“the Contract") is the central legal document through which Buyer and Seller (“the Parties”) agree upon the terms and conditions of the property sale. Because real estate sales are relatively complex and important transactions, state law requires a written, signed contract for such transactions to be enforceable. This legal requirement is rooted in the practical reality that with so many details involved in the typical home sale, the Parties could easily become confused and fall into disagreement over their various rights and responsibilities related to the sale. The Contract provides an organized framework within which the Parties can proceed with the sale process from beginning to end without unnecessary disputes, omissions or misunderstandings.

    The Contract identifies the buyer(s) and seller(s), and specifies the property to be sold. Items to be taken away and/or left behind by the seller are also specified. The all-important sale price for the property to be sold is stated, along with details of whatever financing the buyer needs to secure funds for the purchase. The amount of earnest money put down by the buyer is also stated, and all the costs associated with the sale of property are identified and allocated to be paid by either seller or buyer, as agreed.

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Disclosure and inspection procedures are discussed in detail. If your state has special property condition disclosure rules, they are stated here. If the buyer or the buyer's inspector locates defects in the house, time limits and steps are set out for repair of these defects by the seller, or cancellation of the contract.

In addition to the Disclosure provisions, the Contract contains detailed clauses regarding conveyance of title, pro-rationing of expenses, casualty loss, and default, among others. The Contract states that it represents the entire agreement of the parties, meaning that no “side agreements” made verbally or otherwise, will be enforceable. Agreeing to everything in writing, and having the writing be the ONLY agreement, helps avoid disagreements after closing.

  1. Seller's Disclosure

    The Seller's Disclosure is the document used by the Seller to reveal all problems and defects in the house (if any) and age of appliances. The Seller can thereby hopefully avoid the Buyer later claiming that the Seller concealed known defects from the Buyer. This form is typically completed by the Seller prior to listing the house for sale, and given to all potential purchasers.

  2. Lead-Based Paint Disclosure

    The "Seller's Disclosure of Lead-Based Paint and Lead-Based Paint Hazards" form is required by Federal law for a residential dwelling constructed prior to 1978. A Buyer of a home built prior to 1978 is notified that such property may present exposure to lead from lead-based paint that may place young children at risk of lead poisoning. If your home was constructed in 1978 or later, this disclosure is not required.

    Requirements: Before the sale contract becomes enforceable, sellers must fully comply with lead-paint disclosure law. Compliance is accomplished by:

    1. Fully completing and delivering to the buyers, as an attachment to the contract, the LEAD-BASED PAINT DISCLOSURE form (the buyers also initial and sign this form), and
    2. Giving the buyers the EPA pamphlet entitled "Protect Your Family From Lead In Your Home."
  3. Pamphlet: "Protect Your Family From Lead in Your Home"

    The Seller of a dwelling constructed prior to 1978 is required by federal law to give the Buyer the above-titled pamphlet. This pamphlet explains potential lead-paint problems in homes, and how to combat them.

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IV. ADDITIONAL NOTES

OTHER USEFUL USLF HOME-SALE PRODUCTS

USLF publishes a concise, authoritative Guide to the process of selling and buying residential real estate, explaining the essential concepts and strategies for sellers and buyers from start to finish of the home-sale process. A quick look at the Table of Contents (click the link below) will demonstrate why purchasing our Guide can put thousands of dollars in your pocket that might have otherwise slipped through your fingers, whether you are a buyer or seller.

Don't miss out on the benefit of our experience. Purchasing our Real Estate Guide really is like putting money in your pocket. Click below for the piece of mind and financial security that come with understanding the difficult process of selling/purchasing a home.

Click this link to view our Real Estate Buyer/Seller Guide.

USLF publishes a wide variety of supplemental real estate forms to handle any obstacles in the sale process. Contract Addendums, Options, Closing Forms, and much more can be found on the convenient Real Estate Forms area of our web site - Click here to view. If you have any questions about our forms, please call our help line toll free at 1-877-389-0141.

TIPS ON COMPLETING THESE FORMS

The form(s) in this packet may contain “form fields” created using Microsoft Word or Adobe Acrobat (".pdf" format). “Form fields” facilitate completion of the forms using your computer. They do not limit your ability to print the form "in blank” and complete with a typewriter or by hand.

It is also helpful to be able to see the location of the form fields. Go to the View menu, click on Toolbars, and then select Forms. This will open the Forms toolbar. Look for the button on the Forms toolbar that resembles a shaded letter "a". Click this button and the form fields will be visible.

By clicking on the appropriate form field, you will be able to enter the needed information. In some instances, the form field and the line will disappear after information is entered. In other cases, it will not. The form was created to function in this manner.

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DISCLAIMER

These materials were developed by U.S. Legal Forms, Inc. based upon statutes and forms for the subject state. All information and Forms are subject to this Disclaimer:

All forms in this package are provided without any warranty, express or implied, as to their legal effect and completeness. Please use at your own risk. If you have a serious legal problem, we suggest that you consult an attorney in your state. U.S. Legal Forms, Inc. does not provide legal advice. The products offered by U.S. Legal Forms (USLF) are not a substitute for the advice of an attorney.

THESE MATERIALS ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL U.S. LEGAL FORMS, INC. OR ITS AGENTS OR OFFICERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OR PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS, EVEN IF U.S. LEGAL FORMS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

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What the North Dakota Home Sale Package Includes

The North Dakota Home Sale Package is a collection of documents commonly used to transfer residential property in North Dakota. It typically includes a purchase and sale agreement, seller property condition disclosure, lead-based paint disclosure (if applicable), deed templates, closing statement, and any lender, title, or municipal forms required to record the transfer with the county recorder.

Why a Complete Package Matters for a Smooth Closing

A complete, well-organized package reduces last-minute delays at closing, ensures required disclosures are delivered, and helps clear title and recording steps more quickly. Proper documentation also minimizes the risk of post-closing disputes over omitted facts or errors.

Why a Complete Package Matters for a Smooth Closing

Who Typically Prepares and Uses This Package

Real estate agents, title companies, sellers, buyers, and closing attorneys commonly assemble or review the package before escrow and closing.

  • Sellers and listing agents who must disclose property condition and assemble deed paperwork prior to closing.
  • Buyers and buyers' agents who review disclosures, contingencies, and closing statements to confirm terms.
  • Title companies and closing attorneys who verify recordings, liens, and prepare final closing documents.

Each participant has specific responsibilities; coordinating timelines and signatory authority early reduces errors and delays at recording.

Step-by-Step: Completing the North Dakota Home Sale Package

Follow these core steps to prepare, review, and finalize the documents needed to close a residential sale in North Dakota.

  • 01
    Gather Documents: Collect title report, prior deed, homeowners association info, and tax statements.
  • 02
    Prepare Contract: Complete the purchase and sale agreement with clear terms and dates.
  • 03
    Complete Disclosures: Provide the seller property condition disclosure and lead paint disclosure if required.
  • 04
    Schedule Closing: Coordinate signatures, notarization, funds transfer, and recording with title or county.

Core Documents Inside a Professional Sale Package

A professional North Dakota Home Sale Package groups the essential legal forms and supporting exhibits that title companies and recording offices expect at closing.

Purchase Agreement

The primary contract states buyer and seller names, purchase price, deposit, contingencies, closing date, and remedies. It sets the contractual obligations that survive to closing and may include escrow instructions.

Property Disclosure

Seller property condition disclosure enumerates known issues such as structural defects, water intrusion, or environmental hazards; accurate disclosures reduce post-closing litigation risk.

Lead Paint Addendum

Required for homes built before 1978; it documents lead-based paint disclosure and federal pamphlet delivery where applicable under 42 U.S.C. §4852d.

Deed Draft

A deed form (typically warranty or quitclaim) prepared with the correct legal description, vesting language, and signature/notary blocks ready for recording at the county recorder's office.

Closing Statement

Itemized settlement statement showing prorations, payoffs, title charges, taxes, and net proceeds to seller and cash needed from buyer at closing.

Recording & Transfer Forms

County-specific transfer tax affidavits, transfer declarations, and recording cover sheets required by the county recorder to accept and index the deed.

Essential Data Elements to Include

Property Address: Full street address
Legal Description: Recorded parcel description
Seller Name: Legal owner name
Buyer Name: Purchaser legal name
Purchase Price: Numeric amount
Closing Date: MM/DD/YYYY format

Configuring an Online Workflow for the Package

Set up the digital workflow to collect signatures, attach required exhibits, and route documents to title and recording parties.

Field Configuration
eSign Method Email link or SMS code
Authentication Email + access code or ID check
Notarization In-person or RON where allowed
Recording Send executed PDF to title for county recording

Where the Package Goes After Execution

Routing the package correctly after signatures ensures timely recording, title transfer, and lender processing.

  • Title Company: Receives executed package for closing and lien payoff
  • County Recorder: Records the deed and indexes ownership
  • Lender / Servicer: Receives final documents for mortgage funding
  • Tax Authorities: Receive transfer declarations for property tax assessment

Key Deadlines and Timing Expectations

Track these common deadlines in the contract to avoid defaults or missed obligations during the sale process.

Earnest Money Deposit:

Due per contract, often within 3 business days of acceptance

Inspection Period:

Buyer typically has 7–14 days to inspect and request repairs

Financing Contingency:

Deadline for loan commitment per contract terms

Closing Date:

Agreed date when funds transfer and deed recordation occur

Recording Timeline:

County recording usually posts within 1–10 business days after submission

Sequential Milestones From Offer to Recording

A typical milestone sequence helps teams visualize time-sensitive checkpoints leading to a recorded transfer.

01

Offer Accepted

Contract executed and earnest money delivered to escrow

02

Escrow Opened

Title order placed and preliminary commitment issued

03

Inspections Completed

Buyer conducts inspections and negotiates repairs

04

Closing & Recording

Funds wired, documents signed, deed recorded at county

Common Preparation Errors to Avoid

  • Using an inconsistent seller name between the deed and title report delays recording and may require corrective affidavits.
  • Omitting the correct legal description from the deed can cause county rejection and require re-execution.
  • Failing to include required state or county transfer forms can interrupt recording and tax processing.
  • Rushing notarization or using the wrong notarial wording can result in an invalid recording and additional expenses.

Consequences of Inaccurate or Incomplete Packages

Recording Rejection: Resubmit required
Title Defect: May need corrective deed
Tax Penalty: Late transfer tax fines
Closing Delay: Buyer lender funding postponed
Legal Dispute: Post-closing claims possible
Additional Costs: Notary, attorney, re-recording fees

Real-World Examples of Digital Closings

These examples show how professionals streamline execution and recording using online workflows and platform integrations.

Martin Properties — Tim Martin, Founder

Tim Martin's brokerage moved to online closings to reduce paper handling and travel for sellers.

  • The team used mobile signing on-site.
  • The firm reported consistent, compliant execution for remote clients and faster turnaround between contract acceptance and recording, improving client satisfaction without sacrificing auditability.

Optica Ventures — Brian Fitzgibbons, COO

Optica standardized sale packages into reusable templates for portfolio properties.

  • Templates reduced review time.
  • The approach gave underwriters consistent documents, shortened title review cycles, and allowed the operations team to close multiple small portfolio sales with fewer errors and predictable fees.

Practical Tips for Accurate, Efficient Completion

Adopt consistent procedures and verification steps to reduce recording errors and post-closing remediation.

Verify Names Against ID
Cross-check seller and buyer names with government-issued ID and title report to avoid discrepancies that can delay recording and require corrective affidavits.
Use Recorded Legal Descriptions
Always copy the legal description verbatim from prior recorded deeds or the title commitment to prevent ambiguous parcel descriptions.
Confirm County Requirements
Check county recorder rules for additional forms, cover sheets, or page formatting that could otherwise result in rejection or extra fees.
Plan for Notarization
Schedule notarial acts and, if needed, remote online notarization where allowed; ensure notary wording meets county and state standards.

eSignature Platform Pricing Snapshot for Home Sale Packages

Common vendor features and starting prices for eSignature platforms used to execute and manage real estate closing documents.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day trial Varies by plan Varies by plan Varies by plan Varies by plan
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No
Envelope Cap No envelope cap 100 envelopes/user/year limit Varies by plan Varies by plan Varies by plan

Technical Considerations for Digital Execution

Ensure the chosen platform supports required file types, integrations, and authentication methods for real estate closings.

  • File Types: PDF, DOCX supported
  • Integrations: Salesforce, Microsoft 365, NetSuite
  • Authentication: Email, SMS, ID verification

Frequently Asked Questions About the North Dakota Home Sale Package

Answers to common procedural and legal questions encountered when preparing or executing a home sale package in North Dakota.


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