Property Transfer, Title, and Disclosures
Deeds, recording, and required disclosures
Deeds. General warranty (warrants against all claims, including the past), special warranty (only claims arising during the grantor's ownership), bargain and sale (implies consideration, no warranties), and quitclaim (releases whatever interest the grantor has, with no warranty). A valid deed needs a grantor, grantee, words of conveyance, legal description, the grantor's signature, and delivery accepted by the grantee. Delivery - actual intent - controls; recording is not required for validity between the parties.
Recording and title. North Dakota's recording statute is generally a race-notice rule: a later purchaser prevails if it takes without notice and records first. Notice may be actual, constructive (through the records), or inquiry. The title search traces the chain of title; the abstract summarizes recorded documents; title insurance covers defects (owner's policy for the buyer, lender's policy for the lender). Marketable title is title free of reasonable doubt.
Liens and foreclosure. Mechanic's, judgment, tax, and HOA liens attach to the property. Mortgage foreclosure in North Dakota is judicial, followed by a sheriff's sale and a statutory redemption period.
Disclosures. North Dakota requires a written seller's property disclosure for most residential resales, delivered so the buyer can review it before signing, with limited statutory exemptions. Sellers must disclose known material defects. Federal law requires lead-based paint disclosure and the EPA pamphlet for pre-1978 housing. Licensees must disclose known material facts and their agency status.
Trap: a quitclaim deed does not clear title - it transfers only whatever the grantor owns. Also, a properly delivered but unrecorded deed still transfers title between the parties.
Worked example: In January, O deeds to A, who does not record. In March, O deeds the same parcel to B, who pays value, has no notice, and records at once. B prevails under the race-notice statute.