What must a home seller disclose in Minnesota?

Q: What must a home seller disclose in Minnesota?

Minnesota codifies its disclosure regime in Minn. Stat. §§ 513.52–.60 . 1. The Disclosure Statement — § 513.55 - Required for sales of residential property containing 1-4 dwelling units . - Standard: seller must disclose all material facts known by the seller that could adversely and significantly affect : - An ordinary buyer's use and enjoyment of the property, OR - The intended use of the property. - Industry uses the Minnesota Standard Residential Real Estate Purchase Agreement Seller Disclosure . 2. Disclosure Alternatives — § 513.60 - Seller and buyer may agree in writing to waive the disclosure form. Waiver does not waive the duty to disclose known material facts. 3. Specific Mandatory Disclosures - Well disclosure — § 1031.235: seller must disclose location and status of all wells; signed Well Disclosure Certificate filed with deed. - Subsurface Sewage Treatment System (ISTS / septic) — § 115.55: location and operating status. - Methamphetamine contamination if a clandestine drug lab order exists (§ 152.0275). - Airport zoning notice. 4. Lead-Based Paint - Federal 42 USC § 4852d for pre-1978 dwellings. 5. Exemptions — § 513.54 - Court-ordered, foreclosure or deed in lieu, between co-owners or spouses, fiduciary in estate, government, new construction under builder warranty, and properties never occupied as residential . 6. Timing - Must be delivered before signing the purchase agreement . 7. Statute of Limitations — § 513.57 - 2 years after the date on which the buyer closed the purchase. - 6 years for general fraud and contract under § 541.05. This is legal information, not legal advice.

Question

Accepted Answer

Minnesota codifies its disclosure regime in Minn. Stat. §§ 513.52–.60.

1. The Disclosure Statement — § 513.55

Required for sales of residential property containing 1-4 dwelling units.

Standard: seller must disclose all material facts known by the seller that could adversely and significantly affect:

- An ordinary buyer's use and enjoyment of the property, OR

- The intended use of the property.

Industry uses the Minnesota Standard Residential Real Estate Purchase Agreement Seller Disclosure.

2. Disclosure Alternatives — § 513.60

Seller and buyer may agree in writing to waive the disclosure form. Waiver does not waive the duty to disclose known material facts.

3. Specific Mandatory Disclosures

Well disclosure — § 1031.235: seller must disclose location and status of all wells; signed Well Disclosure Certificate filed with deed.

Subsurface Sewage Treatment System (ISTS / septic) — § 115.55: location and operating status.

Methamphetamine contamination if a clandestine drug lab order exists (§ 152.0275).

Airport zoning notice.

4. Lead-Based Paint

Federal 42 USC § 4852d for pre-1978 dwellings.

5. Exemptions — § 513.54

Court-ordered, foreclosure or deed in lieu, between co-owners or spouses, fiduciary in estate, government, new construction under builder warranty, and properties never occupied as residential.

6. Timing

Must be delivered before signing the purchase agreement.

7. Statute of Limitations — § 513.57

2 years after the date on which the buyer closed the purchase.

6 years for general fraud and contract under § 541.05.

This is legal information, not legal advice.