AN ACT to create and enact a new section to chapter 47-10 of the North Dakota Century Code, relating to the required disclosure of radon hazards by a seller.
Summary
SB 2204 creates a new disclosure requirement for sellers of residential real property in North Dakota regarding radon hazards. Before a sale or transfer is completed, a seller must disclose in writing any knowledge they have of radon concentrations in the property and provide a prescribed warning statement explaining that radon is a naturally occurring radioactive gas that can pose health risks. The buyer must acknowledge receipt of the disclosure by signing it.
If the seller knows the property has previously been tested for radon or radon progeny, the seller must also provide reasonably available test results and any evidence of mitigation before the agreement is executed. The bill specifies that providing test results or mitigation evidence does not amount to a warranty or representation that the results are accurate or that mitigation is effective. It also clarifies that the disclosure requirement does not itself create a purchase contingency or a right to rescind a contract unless those rights are separately written into the contract.
Impact
The bill adds a new section to Chapter 47-10 of the North Dakota Century Code governing residential real estate transactions. It imposes a statutory disclosure duty on sellers and their agents, requires a standardized radon warning statement, and provides liability protection for sellers and agents who comply with the law. The measure affects residential property sellers, real estate agents, and buyers by making radon-related information part of the pre-sale disclosure process.
Sentiment
The bill appears to have broad bipartisan support and little visible opposition. It passed the Senate unanimously, 45-0, and the House by a wide margin, 87-3. The vote totals suggest general agreement that buyers should be informed about radon risks in residential property transactions and that sellers should have clear disclosure obligations and liability protections.
Contention
The main policy issue is the balance between consumer protection and limiting seller liability. Supporters likely view the bill as a public health and transparency measure that helps buyers make informed decisions about a known environmental hazard. Any opposition appears limited, but the small number of House no votes suggests some concern about adding another mandated disclosure to real estate transactions or about the scope of seller responsibility for prior test results and mitigation information.
AN ACT to create and enact a new section to chapter 47-10 of the North Dakota Century Code, relating to the required disclosure of radon hazards by a seller.
AN ACT to create and enact a new section to chapter 47-10 of the North Dakota Century Code, relating to required disclosures before the sale of a condominium unit or a property subject to a homeowners' association or a condominium project.
AN ACT to create and enact a new section to chapter 16.1-10 of the North Dakota Century Code, relating to artificial intelligence disclosure statements.