Like many other states in America, Minnesota real estate laws are governed by its state statutes.
Buying a home or property in Minnesota can be a long and tough process. However, nowadays, the Minnesota state makes it simple for the buyer because it must disclose any property defects. Therefore, the ultimate responsibility now falls entirely upon the seller of the home or property. For example, the seller cannot hide any significant physical defects. That would constitute fraud.
Disclosure Law in Minnesota for Home or Property Sales
Section 513.55 of the Minnesota Statutes broadly covers the disclosure statement part of Minnesota real estate laws. The section describes: “Before signing an agreement to sell or transfer residential real property, the seller shall make written disclosure to the prospective buyer. The disclosure must include all material facts of which the seller is aware that could adversely and significantly affect:
- an ordinary buyer’s use and enjoyment of the property or
- any intended use of the property of which the seller is aware.”
It also states that the disclosure “must be made in good faith and based upon the best of the seller’s knowledge at the time of the disclosure.”
So from the above, it is clear that under Minnesota real estate laws, the seller must make the disclosure in written form, not in oral form, and they must do so in good faith.
The disclosure statement should contain a clear declaration of the defects of the property or home.
What issues must the seller disclose under Minnesota real estate laws?
The Minnesota Bar Association provides a standard disclosure form. The disclosure statement form contains nine pages. The seller must fill in the form before selling a home or property.
The seller should include the details of all material defects. After that, the seller should answer dozens of specific questions. These are unique to Minnesota real estate laws. The questions will cover the following:
- When the seller purchased the home or property
- Whether pets have lived there
- If there are any problems with the house system, including plumbing, electricity, heating, etc.
- The condition of the foundations or structure and whether there are any leaks
- If the roof has any problems or any repairs, have been carried out
- Whether the property or land has any flooded zones or drainage system problems
- If there are any issues with the boundaries of the property.
- Whether the drinking water is fine
- If there are any problems with the sewerage system, such as a septic tank problem
- Whether the home has been changed or remodeled
- If the home seller had any problems with homeowner associations
- The presence of any environmental hazards like radon gas or asbestos in the home
The disclosure form in Minnesota is different from other states because of how specific it is. In other states, the seller need not answer so many questions regarding the defects and the conditions of the selling property or home.
If the seller fails to disclose any defects the home or property has, the buyer may proceed with legal action, such as filing a lawsuit against the seller.
If you have any further queries about Minnesota Real Estate Laws, please contact our experienced lawyer.
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