When you make an offer on a home in Minnesota, the seller owes you more than a set of keys. Minnesota law requires sellers of residential property to give buyers written disclosures before a purchase agreement is signed, and separate laws cover radon, private wells, and septic systems. These documents can tell you a lot about a property before you commit, and they matter whether you are buying in town or on acreage outside Mora. This guide walks through what Minnesota's disclosure laws require, what they do not require, and how to use the paperwork as part of your home search. It is general information, not legal advice, so for questions about a specific property or contract, talk with a Minnesota real estate attorney.
The general seller disclosure rule
Minnesota Statutes section 513.55 sets the core rule. Before signing an agreement to sell or transfer residential real property, the seller must make a written disclosure to the prospective buyer. That disclosure must include all material facts the seller is aware of that could adversely and significantly affect an ordinary buyer's use and enjoyment of the property, or any intended use of the property the seller is aware of.
The same section says the disclosure must be made in good faith and based on the best of the seller's knowledge at the time. In other words, the law focuses on what the seller actually knows. It does not require the seller to investigate the home like an inspector would.
Section 513.55 also allows the seller to give the disclosure to the real estate licensee representing or assisting the buyer. Under the statute, a disclosure delivered that way is treated as delivered to the buyer, and the licensee must give the buyer a copy.
What sellers do not have to disclose
Minnesota Statutes section 513.56 lists several things the general disclosure rule does not require. According to that section, a seller does not have a duty under section 513.55 to disclose that the property:
- is or was occupied by someone suspected to be infected with HIV or diagnosed with AIDS;
- was the site of a suicide, accidental death, natural death, or perceived paranormal activity; or
- is located in a neighborhood containing an adult family home, community-based residential facility, or nursing home.
Section 513.56 also addresses predatory offender information. The seller does not have to disclose information about a registered offender if the seller, in a timely manner, gives written notice that registry information can be obtained from the local law enforcement agency or the Department of Corrections.
If any of these topics matter to you, the practical step is to research them yourself rather than relying on the disclosure statement.
When an inspection report can stand in
Section 513.56 includes an important rule about third-party reports. A seller is not required to disclose information if a written report that discloses that information has been prepared by a qualified third party and provided to the buyer. The statute defines a qualified third party as a government agency or a person the seller or buyer reasonably believes has the expertise to meet industry standards for that type of inspection.
There is a limit. Under the same section, if the seller receives a copy of that report, the seller must disclose material facts they know that contradict information in the report. A report does not give a seller permission to stay quiet about something they know is wrong.
Radon disclosure
Radon has its own statute. Minnesota Statutes section 144.496 requires the seller, before signing an agreement to sell or transfer residential real property, to disclose in writing any knowledge the seller has of radon concentrations in the dwelling. Under that section, the disclosure must include:
- whether a radon test or tests have occurred on the property;
- the most current records and reports about radon concentrations in the dwelling;
- a description of any radon concentrations, mitigation, or remediation;
- information about any radon mitigation system that has been installed; and
- a radon warning statement in the form the statute requires.
Section 144.496 also requires the seller to give the buyer a copy of the Minnesota Department of Health publication "Radon in Real Estate Transactions." The warning statement in the statute says the Minnesota Department of Health strongly recommends that all home buyers have an indoor radon test performed before purchase or taking occupancy.
Wells and septic systems
Outside city water and sewer service, two more disclosures come into play.
For wells, Minnesota Statutes section 103I.235 requires the seller, before signing an agreement to sell or transfer real property, to disclose in writing the status and location of all known wells on the property. The seller either states that they do not know of any wells, or provides a disclosure statement with the legal description, the county, and a map showing each well's location to the extent practicable. For each well, the seller must indicate whether it is in use, not in use, or sealed.
For sewage, Minnesota Statutes section 115.55, subdivision 6, requires the seller to disclose in writing how sewage from the property is managed, before signing an agreement. The statement says either that sewage goes to a facility permitted by the Minnesota Pollution Control Agency, or that it does not and is subject to applicable requirements. If it does not go to a permitted facility, the statute requires a description of the system, the legal description and county, and a map showing the system's location to the extent practicable. The seller must also disclose what they know about the system's compliance status and whether, to the best of their knowledge, a straight-pipe system exists. If the seller has a previous inspection report from a licensed inspection business or certified local government inspector, the statute says the seller must attach a copy.
If the seller learns something new
Disclosures are not a one-time event. Minnesota Statutes section 513.58 says that if the seller learns their section 513.55 disclosure was inaccurate, the seller must notify the buyer in writing as soon as reasonably possible, and in any event before closing. Under the same section, a seller who fails to give that notice is liable to the buyer as provided in section 513.57.
Waivers and the limits of seller liability
Minnesota allows the general disclosure to be waived. Under Minnesota Statutes section 513.60, the written disclosure required under sections 513.52 to 513.60 may be waived if the seller and the prospective buyer agree in writing. The same section says a waiver does not waive, limit, or abridge any seller disclosure obligation created by any other law, such as the separate radon, well, and septic rules.
Section 513.57 explains when a seller is and is not liable. A seller who fails to make a required disclosure and was aware of material facts is liable to the buyer, and an action must be started within two years after the buyer closed the purchase. The same section says a seller is not liable for errors that were not within the seller's personal knowledge, and it is not a violation to fail to disclose something that could be found only by inspecting inaccessible parts of the property or by someone with specialized expertise. Section 513.57 also says nothing in these sections prevents an action based on fraud, negligent misrepresentation, or other actions allowed by law.
The time limits differ by statute. Section 144.496 sets two years after closing for radon disclosure claims, section 115.55 sets two years for septic disclosure claims, and section 103I.235 sets six years for well disclosure claims.
How to use disclosures in your home search
Because the law centers on what the seller knows, a disclosure is a starting point, not a substitute for your own due diligence. A few practical steps:
- Read every disclosure before you sign a purchase agreement, and write down questions.
- Compare the disclosures with what you see at showings and with any inspection report.
- If a property has a private well or septic system, ask what testing or inspection records exist.
- Consider an indoor radon test, as the Minnesota Department of Health recommends in the statutory warning statement.
- Think twice before agreeing to waive the general disclosure, and ask a real estate attorney if you are unsure.
On the financing side, keep your loan contact informed about anything that could affect the property's condition or value, such as needed repairs. Questions found early are usually easier to handle than surprises near closing.
Frequently asked questions
When does a Minnesota seller have to give me the disclosure?
Under Minnesota Statutes section 513.55, the written disclosure must be made before the seller signs an agreement to sell or transfer the residential property. The radon, well, and septic statutes use the same timing.
Does the seller have to disclose everything wrong with the house?
The general rule in section 513.55 covers material facts the seller is aware of that could adversely and significantly affect an ordinary buyer's use and enjoyment of the property, or an intended use the seller knows about. It is based on the seller's knowledge, not on a full investigation.
Can a seller skip the disclosure?
Under section 513.60, the general disclosure may be waived if the seller and buyer agree in writing. That waiver does not remove disclosure duties created by other laws, such as the radon, well, and septic statutes.
What if the seller finds out the disclosure was wrong after I sign?
Section 513.58 requires the seller to notify you in writing as soon as reasonably possible, and in any event before closing.
How long do I have to act if a required disclosure was not made?
It depends on the statute. Sections 513.57, 144.496, and 115.55 set two years after closing, and section 103I.235 sets six years for well disclosure claims. A Minnesota real estate attorney can advise on your situation.
Plan your financing alongside your offer
Disclosures help you understand the property. Davis Monroe Financial LLC can help you understand the financing side, from preparing your documents to explaining how the loan process fits with your purchase timeline. Call (320) 200-5126 or email support@mydmf.com with your questions, with no pressure and no obligation.