Key Takeaways
- Minnesota requires sellers to complete the Seller's Property Disclosure Statement
- The disclosure covers known material defects, environmental hazards, and property conditions
- Sellers must disclose known issues but are NOT required to conduct inspections
- Disclosure must be provided to buyers before or at the time of the purchase agreement
- Certain transfers are exempt including foreclosures, court-ordered sales, and new construction
Last updated: January 2026
Minnesota Seller Disclosure
Minnesota requires sellers to disclose known property conditions through the Seller's Property Disclosure Statement.
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Disclosure Requirements
When Required
| Transaction Type | Required? |
|---|---|
| 1-4 unit residential | YES |
| Vacant land (residential) | YES |
| Commercial | NO |
| 5+ unit residential | NO |
Timing
| When | Requirement |
|---|---|
| Before or with purchase agreement | Seller provides to buyer |
| Before closing | Must be delivered |
| Updates | If conditions change |
What Must Be Disclosed
Categories
| Category | Examples |
|---|---|
| Structural | Foundation, roof, walls |
| Mechanical | HVAC, plumbing, electrical |
| Environmental | Radon, wells, septic |
| Water/drainage | Flooding, water damage, wetlands |
| Pest | Termites, insects, rodents |
| Legal | Zoning, easements, encroachments |
| Neighborhood | Noise, nuisances |
| Well and septic | Status and condition |
Seller's Obligations
What Sellers MUST Do
| Obligation | Description |
|---|---|
| Disclose known defects | Material conditions |
| Complete form | Answer all questions |
| Update disclosure | If conditions change |
| Good faith | Honest answers |
What Sellers Do NOT Have To Do
| Not Required | Notes |
|---|---|
| Conduct inspections | Not required to test |
| Warrant condition | Not guaranteeing |
| Predict problems | Only known issues |
| Expert knowledge | Reasonable knowledge |
Exemptions
Exempt Transfers
| Type | Reason |
|---|---|
| Foreclosure | Bank-owned |
| Probate/estate | Executor sales |
| Court-ordered | Divorce, bankruptcy |
| New construction | Builder warranty |
| First sale by builder | New construction |
| Government | Tax sales |
| Transfer to family | Non-arm's length |
Buyer's Rights
| Right | Details |
|---|---|
| Receive disclosure | Before/with contract |
| Inspect property | Independent inspection |
| Rescind | If material misrepresentation |
| Legal action | For fraud/misrepresentation |
Consequences of Non-Disclosure
| Consequence | Description |
|---|---|
| Civil liability | Damages to buyer |
| License discipline | Commerce action |
| Rescission | Cancel contract |
| Fraud charges | Criminal in severe cases |
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Test Your Knowledge
When must the seller provide the Property Disclosure Statement to the buyer in Minnesota?
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B
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D
Test Your Knowledge
Which transfer is exempt from the Minnesota disclosure requirements?
A
B
C
D