North Dakota · contract for deed
North Dakota contract for deed, explained.
A plain-English guide to contract for deed (also called land contract) in North Dakota — statute, recording, default remedies, interest caps, and where deals actually happen.
N.D. Cent. Code § 32-18-01 et seq. (cancellation of contracts for deed); § 47-19 (recording)
Recording with county Recorder permitted under N.D. Cent. Code § 47-19-01 et seq.; not strictly mandated but unrecorded contracts subordinate to BFPs. Recording fees per § 11-18-05.
Statutory cancellation under N.D. Cent. Code Ch. 32-18 with 30-day notice for residential and 6-month period when buyer has paid certain percentages; alternatively foreclosure under standard mortgage procedures (N.D. Cent. Code Ch. 32-19).
Is contract for deed legal in North Dakota?
North Dakota strongly recognizes 'contracts for deed' with a statutory cancellation framework.
How do you record a contract for deed agreement in North Dakota?
Recording with county Recorder permitted under N.D. Cent. Code § 47-19-01 et seq.; not strictly mandated but unrecorded contracts subordinate to BFPs. Recording fees per § 11-18-05.
What happens if the buyer defaults?
Statutory cancellation under N.D. Cent. Code Ch. 32-18 with 30-day notice for residential and 6-month period when buyer has paid certain percentages; alternatively foreclosure under standard mortgage procedures (N.D. Cent. Code Ch. 32-19).
What is the maximum interest rate?
6% if no written agreement; written contracts up to 5.5% above the average Treasury bill rate (N.D. Cent. Code § 47-14-09); various exemptions.
What disclosures are required?
No statutory residential property condition disclosure (largely caveat emptor); lead-based paint (federal).
Who's protected — buyer vs. seller
Buyer protections
Statutory cancellation notice and cure period; redemption rights if foreclosure pursued; equitable interest recognized.
Seller protections
Streamlined statutory cancellation; quick recovery; retention of payments as liquidated damages.
Where in the state do these deals happen?
Farmland and ranchland transfers; rural residential; occasional oil-patch property in the Bakken region.
Notable case law
Pinske v. Allen, 2010 ND 83; Ellingsen v. Investors Realty, 463 N.W.2d 654 (N.D. 1990).
Looking at a North Dakota deal?
Send the parcel and the terms — we'll walk through whether contract for deed fits, how to record it, and what the cure period looks like if things go sideways.
Talk to WyattEducational content only. Statute citations are public-record research, not legal advice. North Dakota contracts and remedies are fact-specific — consult a licensed North Dakota real-estate attorney before signing anything.