North Dakota is one of a small number of states that makes a private seller sign a separate body-damage disclosure for almost every modern car. The form's first line is the rule: it must be completed by the transferor (seller) for all vehicles less than nine (9) model years old, signed by the seller, given to and signed by the buyer, and it must accompany the application for title. Three numbered questions step down through the severity of any damage in the past eight years, and a false statement on it is a Class A Misdemeanor.
Written against SFN 18609 (4-2026), issued under NDCC 39-05-17.2 and 39-05-20.2 with NDAC 37-09-01-02, all three cited on the face of the form. The penalty on this form sits directly under the damage explanation box, and it is heavier than most of the department's: any person who makes a false statement on this form is guilty of a Class A Misdemeanor. It is not a form to complete optimistically. If you genuinely do not know whether a repair before your ownership crossed the 25 percent line, the honest answers are on 3A - I acquired the vehicle with unrepaired damage, or damage occurred prior to my ownership and I acquired it in a repaired condition - which is exactly what those options are for.
Two documents, and they are not the same thing. Take the blank SFN 18609 from the dot.nd.gov copy so you get the revision that is current today, then print our SFN 18609 guide and keep it beside you while you fill theirs in.
This is all 2 pages of the actual SFN 18609, rendered from the PDF the North Dakota Department of Transportation, Motor Vehicle Division publishes and completed end to end: letterhead, every field, and the blocks at the foot.
Year, make, model and style, then the vehicle identification number and title number.
Watch out: Style means body style - the department's own word for it on this form - and it should match what the certificate of title says rather than what the manufacturer's brochure said.
Both copied from the face of the certificate.
Watch out: This sheet is filed with the title application, so a transposed digit here is a mismatch the counter finds immediately.
Yes or No: body or structural damage from a crash or accident in the past eight years, including loss by fire, vandalism, weather or submersion in water.
Watch out: Read the exclusions printed under it before you answer. Glass damage, hail damage, modifications and normal maintenance and repair are not damage for this purpose - a stone chip and a replaced windscreen do not make this a Yes.
Only reached after a Yes above. Do the damages equal or exceed the greater of $10,000 or 25 percent of the pre-damage retail value on the NADA guide?
Watch out: Work the formula on page two rather than eyeballing it - the worked examples show a $7,000 repair on a $15,000 car answering No and a $13,000 repair on a $50,000 car answering Yes.
Whether the damage exceeded 75 percent of retail value, then which of the four ownership situations applies and every type of damage that applies, with a brief explanation.
Watch out: A Yes here means the vehicle is in the salvage system, not the ordinary sale system, and the department's own example of an Other in 3A is a title already branded for the damage disclosed above.
Name of the transferor, daytime telephone number, mailing address, city, state and ZIP code.
Watch out: The department's instruction for this section is that seller information is to be completed in full - a partial address is a reason to send the form back.
Sign and date it. Your signature is what makes the disclosure a disclosure.
Watch out: The Class A Misdemeanor warning printed just above this line applies to what you signed, not to what you meant. If an answer is uncertain, say so in the explanation box rather than picking the easier box.
The buyer's name, telephone, address, signature and date - required only where the seller answered Yes to any of the questions above.
Watch out: If every answer above was No, leave it empty. Filling it in anyway is not helpful; it is a set of entries on a form the instructions say does not need them.
| On the form | What to put in it |
|---|---|
| Vehicle identification | Year, make, model and style on the first row; vehicle identification number and title number on the second. |
| Section 1: NDCC 39-05-17.2 | The threshold question. Within the past eight (8) years, has this vehicle sustained body or structural damage from a vehicular crash or accident, including loss by fire, vandalism, weather, or submersion in water, resulting in damage to the motor vehicle? Yes or No - and a Yes opens sections 2 and 3. |
| What damage is not | Printed under the question, and it matters as much as the question: the term damage does not include body or structural modifications, normal wear and tear, glass damage, hail damage, or items of normal maintenance and repair. |
| Section 2: the 25 percent test | Do the damages equal or exceed the greater of $10,000 or twenty-five percent (25%) of the pre-damage retail value of the motor vehicle as determined by the National Automobile Dealers Association official used car guide? Answered only where Section 1 was Yes. |
| Section 3: the 75 percent test | Do the damages exceed seventy-five percent (75%) of its retail value? A Yes here takes the vehicle out of an ordinary sale and into the salvage system. |
| 3A, whose damage it was | Four choices: damage occurred in a single occurrence while I owned the vehicle; I acquired the vehicle with unrepaired damage; damage occurred prior to my ownership and I acquired it in a repaired condition; or Other, which must be explained. |
| 3B, Type of Damage | Check all that apply from Collision, Weather, Theft, Interior, Water, Vandalism, Fire, Under Carriage and Other, with an Explanation of Damage box beneath. The instruction page's own example of an explanation is Hit a deer. |
| Section 4 | The seller's block - name of transferor, daytime telephone number, mailing address, city, state, ZIP code, signature and date. |
| Section 5 | The buyer's block, in the same shape. The instructions restrict it: the buyer is only required to complete Section 5 if YES has been answered to any of the questions completed by the seller. |
| Page 2, the instructions and the formula | A full page of instructions including a worked damage disclosure formula with two examples - a $15,000 vehicle with $7,000 of damage answers No, a $50,000 vehicle with $13,000 of damage answers Yes. |
Every line here was read off SFN 18609 (4-2026) itself — the PDF is here — and off the North Dakota Department of Transportation, Motor Vehicle Division pages. This is plain-language help with a form, not legal advice, and where our wording and the agency's differ, theirs governs.
Back to all North Dakota seller paperwork, or what selling a car in North Dakota involves.