NDAC 70-02-01-20
Disclosure of psychologically impacted properties - Not a material defect
Cite as N.D. Admin. Code ยง 70-02-01-20
The fact that a parcel of real property, or any building or structure thereon, may be psychologically
impacted, or may be in close proximity to a psychologically impacted property, is not a material or
substantial fact that is required to be disclosed in a sale, lease, exchange, or other transfer of real
estate. Licensees are not required to inform a prospective purchaser that certain real property is
psychologically impacted real property. However, if the prospective purchaser asks whether the real
property may be psychologically impacted, the licensee is required to inquire of the owner whether
there are any facts or suspicions that the property is in fact psychologically impacted, and to advise the
prospective purchaser of the owner's response. If the owner refuses to answer the inquiry, the
prospective purchaser must be so advised.