Buyer FAQs: MN Disclosures
What should I know about sellers’ disclosures?
If you are buying or selling a home in Minnesota, it helps to understand the state’s disclosure requirements. Minnesota law requires sellers to share certain information with buyers, and buyers need to know what to look for in these disclosures. Below are answers to the most common questions.
What is the Minnesota Seller’s Disclosure law?
Minnesota law (Statutes 513.52 through 513.60) says that sellers of single-family homes, condos, townhomes, and co-ops must disclose in writing any known facts that could significantly affect how a buyer uses or enjoys the property.
Sellers who leave something out or misrepresent information can be held legally responsible for up to two years after the sale.
What is the Seller’s Property Disclosure form?
The Minnesota Association of Realtors provides a standard 10-page disclosure form that most sellers use. Sellers fill it out, sign it, and make it available to buyers during the listing period.
Buyers usually receive the form from their agent. It may be posted in the MLS or available in print at the property. Buyers are expected to sign it when they make an offer.
Who fills out the Disclosure form?
The seller must complete it personally. Real estate agents are not allowed to fill it in for them. Sellers are expected to answer questions truthfully and to the best of their knowledge. Looking back at old inspections, repair receipts, or prior disclosures can help.
What if something changes after the Disclosure is completed?
If new information comes up before closing—say a water leak happens or a repair is made—the seller must update the disclosure. This is done with a signed amendment form, which your real estate agent can provide.
What if a seller does not want to use the full Disclosure form?
Sellers have these alternatives:
1. Third-party inspection report — A qualified professional (such as an inspector or government agency) provides a written report. The seller still must disclose any facts they know that are not in the report. This option is rare.
2. A Seller Disclosure “Alternative” form — Waives most disclosure items. This sometimes happens if the seller has little knowledge of the property, such as adult children selling a parent’s home or an investor selling a rental.
What should buyers look for in the Disclosure?
Buyers should pay close attention to:
Age and condition of the roof, windows, and siding
Past water issues (basement seepage, sewer backups, etc.)
Foundation repairs or cracks
Work done without permits
Past insurance claims or damage
Easements or restrictions on the property
Functioning of systems and appliances (heating, plumbing, electrical, etc.)
What are sellers not required to disclose?
In Minnesota Sellers do not have to disclose:
Paranormal activity or “haunted house” rumors
Natural deaths or suicides on the property (but they must disclose homicides)
Whether the home’s current or past residents had HIV or AIDS
Whether there are nearby adult care homes, nursing homes, or similar facilities
What is the takeaway for buyers?
Take time to read disclosures carefully and use them as a starting point for inspections and further questions.