Published: October 28, 2024 | Closer Look Home Inspectors · InterNACHI Certified · Mankato, MN

Minnesota Seller Disclosure Requirements

By Closer Look Home Inspectors | (507) 721-3820

Minnesota law requires sellers to provide buyers with specific disclosures about the property's condition. Understanding these requirements protects Mankato sellers from legal liability and helps buyers make informed decisions.

What Is the Seller Disclosure?

Minnesota Statute 513.55 requires residential property sellers to provide a written disclosure statement to buyers. This document covers the seller's knowledge of the property's condition including defects, improvements, and environmental concerns.

What Must Be Disclosed

Structural Components

• Known foundation problems, cracks, or water intrusion history
• Roof age, known leaks, and repair history
• Structural modifications or additions (permitted and unpermitted)
• Known settling or movement issues

Mechanical Systems

• Known issues with heating, cooling, electrical, or plumbing systems
• Age of major systems if known
• History of system failures or replacements

Environmental Concerns

• Radon: Known radon test results must be disclosed. In Blue Earth County, this is especially relevant given EPA Zone 1 status.
• Lead paint: Required federal disclosure for pre-1978 homes
• Asbestos: Known presence must be disclosed
• Mold: Known mold issues or remediation history
• Underground storage tanks: Known presence on property

Water and Sewer

• Known water intrusion, flooding, or moisture problems
• Sewer backup history
• Well water quality issues (for rural Blue Earth County properties)
• Septic system condition and pumping history

What You Do NOT Have to Disclose

• Problems you genuinely do not know about
• Deaths on the property (Minnesota does not require this)
• Sex offender proximity (buyers must research independently)
• Cosmetic defects visible to the buyer

The Relationship Between Disclosure and Inspection

The seller disclosure is based on what the seller knows. A home inspection reveals what the seller may not know. Together, they give the buyer a complete picture. Important points:

• The inspection does not replace the disclosure requirement
• Disclosure does not eliminate the need for an inspection
• Sellers can be held liable for failing to disclose known defects
• Buyers cannot claim they were not warned about disclosed items

Tips for Mankato Sellers

• Be honest and thorough: Disclosing known issues protects you from post-sale lawsuits
• When in doubt, disclose: It is better to over-disclose than face legal action later
• Keep records: Document repairs, improvements, and maintenance to support your disclosures
• Consider a pre-listing inspection: This reveals issues you may not know about, allowing informed disclosure

Common Disclosure Mistakes

• Saying "I don't know" for items you actually know about
• Failing to update the disclosure after discovering new issues
• Cosmetically concealing known problems (painting over water stains)
• Not disclosing previous radon test results

Contact Closer Look Home Inspectors at (507) 721-3820 or get your instant quote below.