North Dakota Residential Purchase and Sale Agreement

This Residential Purchase and Sale Agreement (this "Agreement") is entered into as of [[Effective Date]] ("Effective Date") by and between [[Seller Full Legal Name(s)]] ("Seller") and [[Buyer Full Legal Name(s)]] ("Buyer"). Seller agrees to sell and Buyer agrees to purchase the Property described below on the terms and conditions set forth in this Agreement.

ARTICLE I, PARTIES AND PROPERTY

1. Seller

Seller: [[Seller Full Legal Name(s)]], whose address for notices is [[Seller Notice Address]]. If Seller is married, both spouses must sign this Agreement and the deed unless the Property is Seller's separate property.

2. Buyer

Buyer: [[Buyer Full Legal Name(s)]], whose address for notices is [[Buyer Notice Address]]. Buyer shall take title in the following manner: [[Vesting Designation, e.g., as joint tenants with right of survivorship, tenants in common, or sole ownership]].

3. Property Description

Seller agrees to sell and convey to Buyer the real property located at [[Property Street Address]], [[City]], North Dakota [[ZIP Code]], County of [[County Name]] (the "Property"), more particularly described as:

Legal Description: [[Insert full legal description from current deed, title commitment, or survey]]

Tax Parcel Identification Number: [[Parcel / Tax ID Number]]

Included Personal Property and Fixtures: [[List of appliances, fixtures, window treatments, and other items included in the sale, or "All fixtures and appliances currently on the Property unless otherwise excluded in writing"]]

Excluded Items: [[List any exclusions or "None"]]

ARTICLE II, PURCHASE PRICE AND EARNEST MONEY

4. Purchase Price

The total purchase price is $[[Purchase Price Amount]] (the "Purchase Price"), payable as follows:

• Earnest Money Deposit: $[[Earnest Money Amount]] (typically 1, 2% of Purchase Price), due upon execution of this Agreement or as otherwise specified.

• Additional down payment or balance due at closing from Buyer funds or financing.

5. Earnest Money

Buyer shall deliver the earnest money in the amount of $[[Earnest Money Amount]] to [[Escrow Agent / Title Company Name]] ("Escrow Holder") within [[Number, e.g., 3]] business days after the Effective Date of this Agreement. The earnest money shall be held in a trust account and disbursed only in accordance with the terms of this Agreement or written mutual instructions from the parties.

If earnest money is not received as required, Seller may terminate this Agreement and retain any remedies available at law.

6. Financing Contingency (if applicable)

This Agreement is contingent upon Buyer obtaining a commitment for a conventional / FHA / VA / other [[Loan Type]] loan in the amount of approximately $[[Loan Amount]] on terms acceptable to Buyer within [[Number, e.g., 21]] days after the Effective Date (the "Financing Contingency Period").

Buyer shall make good-faith application for financing within [[Number, e.g., 5]] days after the Effective Date. If Buyer is unable to obtain financing despite good-faith efforts, Buyer may terminate this Agreement by written notice to Seller prior to expiration of the Financing Contingency Period, and the earnest money shall be returned to Buyer.

ARTICLE III, INSPECTION AND DUE DILIGENCE

7. Buyer's Right to Inspect

Buyer shall have the right to inspect the Property, at Buyer's sole expense, during the Inspection Period of [[Number, e.g., 10 to 14]] days after the Effective Date.

Inspections may include, without limitation:

1. Structural, foundation, and roof inspection by a licensed inspector.

2. Mechanical, electrical, plumbing, and HVAC systems inspection.

3. Environmental testing (radon, mold, asbestos, lead, etc.).

4. Pest / wood-destroying insect inspection.

5. Appraisal and survey if desired.

6. Review of HOA documents, title commitment, survey, and any available seller disclosures.

Buyer shall provide Seller reasonable notice of inspection times and shall restore the Property to its prior condition after inspections. Buyer may terminate this Agreement for any reason or no reason during the Inspection Period by delivering written notice to Seller. Upon proper termination during the Inspection Period, the earnest money shall be returned to Buyer.

ARTICLE IV, TITLE AND CONVEYANCE

8. Title

Seller shall convey marketable title to the Property by warranty deed (or special warranty deed if customary), free and clear of all liens and encumbrances except:

• Current real property taxes not yet due and payable.

• Easements, restrictions, and covenants of record that do not materially interfere with Buyer's intended use.

• Any other items approved by Buyer in writing.

9. Title Commitment and Objections

Seller shall, within [[Number, e.g., 5]] business days after the Effective Date, order a title commitment from [[Title Company Name]] and deliver a copy to Buyer. Buyer shall have [[Number, e.g., 5]] business days after receipt to object in writing to any title defects. Seller shall have a reasonable time (not to exceed [[Number, e.g., 30]] days) to cure defects. If Seller cannot or will not cure, Buyer may terminate and receive return of earnest money.

10. Closing Costs and Prorations

• Seller shall pay: [[Seller's customary closing costs, e.g., real estate commission, title insurance owner's policy premium if agreed, prorated taxes to date of closing, any required transfer taxes or fees under North Dakota law]].

• Buyer shall pay: [[Buyer's customary costs, e.g., lender fees, appraisal, inspection, owner's title policy if not paid by Seller, recording fees for deed and mortgage]].

Taxes, assessments, rents, and other items shall be prorated as of the Closing Date.

ARTICLE V, CLOSING AND POSSESSION

11. Closing Date

Closing shall occur on or before [[Closing Date, typically 30 to 45 days after Effective Date]] ("Closing Date"), at the offices of the Escrow Holder or such other location as the parties agree.

12. Possession

Possession shall be delivered to Buyer at closing, or on [[Possession Date if different]], in broom-clean condition with all personal property of Seller removed, unless otherwise agreed in writing. Seller shall provide Buyer with all keys, access devices, garage openers, and codes at closing.

13. Final Walk-Through

Buyer shall have the right to conduct a final walk-through of the Property within [[Number, e.g., 24 to 48]] hours prior to closing to verify that the Property is in substantially the same condition as on the Effective Date and that all agreed repairs and inclusions are complete.

ARTICLE VI, DISCLOSURES AND ADDENDA

14. Property Disclosure Statement

Pursuant to NDCC § 47-10-02.1, unless exempt, Seller shall provide Buyer with a completed written Property Disclosure Statement disclosing all known material facts that could adversely and significantly affect an ordinary buyer's use and enjoyment of the Property or any intended use. The disclosure shall be made available to Buyer prior to the parties signing the final acceptance of this purchase agreement.

Buyer acknowledges receipt of the North Dakota Property Disclosure Statement dated [[Disclosure Date]].

15. Lead-Based Paint Disclosure (Pre-1978 Dwellings)

If the Property was built before 1978, Seller shall provide the required federal lead-based paint disclosure and pamphlet as an addendum to this Agreement.

16. Other Disclosures and Addenda

The following addenda are attached and incorporated:

• [[List applicable addenda: Lead-Based Paint, HOA, Financing, Inspection, Appraisal, Sale of Buyer's Home Contingency, etc. or "None"]]

ARTICLE VII, DEFAULT AND REMEDIES

17. Buyer Default

If Buyer defaults by failing to perform any obligation under this Agreement (including failure to close when required), Seller may:

1. Terminate this Agreement and retain the earnest money as liquidated damages (not as a penalty), which the parties agree is a reasonable estimate of Seller's actual damages; or

2. Pursue any other remedies available at law or in equity, including specific performance.

18. Seller Default

If Seller defaults by failing to perform (including inability to convey marketable title or failure to close), Buyer may:

1. Terminate this Agreement and receive return of the earnest money plus reimbursement of reasonable out-of-pocket inspection and financing costs actually incurred; or

2. Pursue specific performance or other remedies available at law or equity.

ARTICLE VIII, GENERAL PROVISIONS

19. Entire Agreement; Amendments

This Agreement, including all addenda and exhibits, constitutes the entire agreement between the parties and supersedes all prior negotiations, representations, and agreements. It may be amended only by a written instrument signed by both parties.

20. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of North Dakota. Venue for any dispute shall be in the district court of the county where the Property is located.

21. Time of Essence

Time is of the essence with respect to all dates and deadlines in this Agreement.

22. Notices

All notices required or permitted under this Agreement shall be in writing and delivered by personal delivery, certified mail, overnight courier, or electronic transmission (with confirmation of receipt) to the addresses set forth above or to such other address as a party may designate in writing.

23. Severability

If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall continue in full force and effect.

24. Binding Effect; Assignment

This Agreement shall be binding upon and inure to the benefit of the parties, their heirs, successors, and permitted assigns. Buyer may not assign this Agreement without Seller's prior written consent.

25. Electronic Signatures

The parties agree that electronic signatures and electronic transmission of signed copies shall be valid and binding under the North Dakota Uniform Electronic Transactions Act and applicable federal law.

26. Risk of Loss

Risk of loss or damage to the Property by fire or other casualty prior to closing shall be borne by Seller. If the Property is substantially damaged before closing, either party may terminate this Agreement and the earnest money shall be returned to Buyer.

27. Attorney Fees

In any action or proceeding to enforce rights under this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs from the other party as permitted by North Dakota law.

28. Counterparts

This Agreement may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument.

ARTICLE IX, SIGNATURES

SELLER

[[Seller Full Legal Name(s)]]

Signature: _______________________________________________ Date: [[Date]]

Printed Name: [[Seller Signatory Name]]

Signature: _______________________________________________ Date: [[Date]]

Printed Name: [[Seller Signatory Name]]

BUYER

[[Buyer Full Legal Name(s)]]

Signature: _______________________________________________ Date: [[Date]]

Printed Name: [[Buyer Signatory Name]]

Signature: _______________________________________________ Date: [[Date]]

Printed Name: [[Buyer Signatory Name]], -

End of North Dakota Residential Purchase and Sale Agreement

Governing Law: N.D.C.C. Chapter 47-10 (Conveyances and Contracts for Sale of Real Property, including § 47-10-02.1 Property disclosure). Standard earnest money practices (1, 2% typical), buyer inspection rights, standard contingencies (financing, inspection), and closing timelines of 30, 45 days are customary in North Dakota. Verify all terms against current statutes, local custom, and the parties' negotiated terms. Consult a North Dakota-licensed attorney. Not legal advice. Current as of June 2026.

> ⚠️ Template example, not professional (legal/financial/medical) advice. Figures and clauses must be verified for the applicable jurisdiction and kept current. All variable values use [[Token Name]] placeholders.