ND Damage Disclosure: Form SFN 18609, Threshold, and Penalties

North Dakota’s damage disclosure law requires the seller of any vehicle less than nine model years old to complete form SFN 18609 at the time of sale, telling the buyer whether the vehicle has sustained repairs costing at least $10,000 or 25 percent of its pre-damage retail value. If the answer is yes, the state stamps a permanent “damage disclosed” brand on the new title. Skipping the form or lying on it is a Class A misdemeanor punishable by up to 360 days in jail and a $3,000 fine.¹²

Which Vehicles Are Covered

The rule reaches vehicles released in the current calendar year and the seven calendar years before it, which is eight model years of coverage at any moment. In 2026, that captures every 2019 or newer vehicle. Once a car turns nine model years old it drops out entirely, and the seller does not need to complete the form. If the title already carries a damage-disclosed brand from earlier in its life, the owner can pay $5 to have the brand removed and a clean title reissued once the vehicle ages out.¹

Damage disclosure is a separate matter from odometer disclosure, which follows federal timing rules. A vehicle that no longer needs a damage form may still require an odometer reading on the title paperwork.

The Dollar Threshold That Triggers Disclosure

Damage requires disclosure when repair cost equals or exceeds the greater of $10,000 or 25 percent of the vehicle’s pre-damage retail value, using the NADA official used car guide.¹ Both figures matter. On a $30,000 vehicle, 25 percent is $7,500, so the $10,000 floor controls. On a $60,000 vehicle, the 25 percent figure is $15,000, and that higher number controls instead.

Repair cost is the retail value of all labor, parts, and materials used to fix the damage, whether the damage came from a crash, fire, vandalism, weather, or water submersion.¹

Repairs That Do Not Count

Several categories are carved out of the calculation entirely: glass damage, hail damage, normal wear and tear, routine maintenance, and body or structural modifications.³ A windshield replacement or paintless dent repair after a hailstorm creates no disclosure obligation, however expensive. The same exclusions apply at the salvage threshold discussed below.

The Repair Shop’s Duty to Warn You

Anyone who repairs a qualifying vehicle must notify the owner in writing when the work meets the disclosure threshold. If the damage exceeds 75 percent of retail value, the repairer must also alert the owner to the separate salvage-title requirement.¹ Sellers sometimes learn about a disclosure obligation years later because a shop never delivered that written notice, but the obligation still travels with the vehicle.

Completing Form SFN 18609

Every title transfer of a vehicle under nine model years old uses form SFN 18609, the Damage/Salvage Disclosure Statement, available on the NDDOT website or at any motor vehicle branch office. The form asks for the VIN, year, make, and model, then poses the core questions: whether the vehicle has sustained qualifying damage during the current owner’s possession, whether the owner knows of prior qualifying damage, and whether damage ever exceeded 75 percent of retail value.³

Both parties sign and date. The buyer submits the completed form to the NDDOT with the title application. A false statement on the form is itself a Class A misdemeanor.³

Filing Deadlines

North Dakota builds the transfer around two 30-day windows. The seller has 30 days from the sale date to deliver the endorsed title to the buyer. The buyer has another 30 days after receiving the title to submit it, along with the disclosure form and a title application, to the NDDOT. Missing the window can trigger suspension or revocation of the vehicle’s registration, and the late transfer itself is a Class B misdemeanor. The statutory title fee is $5.⁴

What the Brand Does to the Title

When the NDDOT processes a disclosure form showing qualifying damage, it adds a “damage disclosed” brand to the new certificate of title. The brand carries forward on every title the vehicle receives afterward, so every future buyer sees the same notation.¹ The brand affects resale value, so anyone shopping used should check the title for it before committing.

When Damage Crosses Into Salvage

A damage disclosure brand is not the same thing as a salvage title. Disclosure kicks in at $10,000 or 25 percent of value. A salvage certificate of title becomes mandatory when damage exceeds 75 percent of NADA retail value, with glass and hail damage again excluded from the calculation.⁵ At that point the owner has 10 days to forward the title to the NDDOT, and the vehicle cannot legally be driven or resold on a salvage certificate. Returning it to the road requires a rebuild followed by an independent inspection before the department will issue a “previously salvaged” title.⁶

Penalties for Getting It Wrong

Any violation of the damage disclosure statute, whether skipping the form, failing to disclose known damage, or making a false statement, is a Class A misdemeanor.¹ That carries up to 360 days in jail, a fine of up to $3,000, or both.² The criminal penalty is only one exposure. A buyer who later discovers undisclosed damage may bring a civil claim for fraud or misrepresentation, which can result in the sale being voided or damages awarded on top of anything a prosecutor pursues.

1
North Dakota Legislative Branch. North Dakota Century Code 39-05-17.2 – Body Damage Disclosure Rules When Required Penalty
2
North Dakota Legislative Branch. North Dakota Century Code 12.1-32-01 – Classification of Offenses Penalties
3
North Dakota Department of Transportation. Damage Salvage Disclosure Statement
4
North Dakota Legislative Branch. North Dakota Century Code 39-05-17 – Transfer of Title of Vehicle Endorsement Required Certificate of Title Delivered New Certificate Obtained Penalty
5
North Dakota Legislative Branch. North Dakota Century Code 39-05-20.2 – Issuance of Salvage Certificate of Title
6
North Dakota Department of Transportation. Certificate of Motor Vehicle Inspection