If you’re buying or selling a home in Minnesota you’ll need to get familiar with the state’s required disclosure laws. Sellers of single-family properties (including condos, townhomes and co-ops) are legally required to disclose in writing any known information that may adversely and significantly affect a buyer’s use or enjoyment of their property (MN Statutes 513.52 through 513.60).
Minnesota homeowners planning to sell should be aware of this requirement prior to listing. They should also understand the liability involved in such a disclosure. (They can be held liable for up to two years for intentionally omitting or misrepresenting information.*)
Home buyers in Minnesota need to know where and how to access this information, what to look for and what alternatives sellers may use in lieu of the standard form.
The Minnesota Seller’s Property Disclosure
The Minnesota Association of Realtors (MAR) uses a standard Seller’s Property Disclosure form to satisfy the statute requirements. Sellers fill out this 10-page form to the best of their ability, sign and make it available to prospective buyers during the listing period. Typically, the listing agent will upload a copy to the MLS where buyers’ agents can view, download and share with interested clients. Hard copies may also be left at the property for viewing during open houses and private showings. A buyer making an offer will need to sign the Seller’s Disclosure and present it along with the purchase agreement.
Filling it out
Homeowners should make a good faith effort to disclose all material facts to “the best of the seller’s knowledge at the time of the disclosure.” They must complete it themselves (Realtors cannot contribute) and should check any previous disclosures or past inspections for additional information.
Updating as needed
If anything changes from the date the Disclosure is completed and signed through the day of closing, sellers must notify the buyers in writing with a signed amendment disclosing any new information. Your real estate agent can provide a blank amendment.
The Minnesota Disclosure Alternatives Form
Sellers may choose one of two alternatives to the full Seller’s Disclosure — either a third-party inspection or a waiver. To satisfy one of these two options MAR uses a second “Seller Disclosure Alternatives” form which is also shared with prospective buyers. A seller checks one of two options, signs and makes available to buyers along with any corresponding inspection reports.
Third Party Inspection
One alternative is to provide a “qualified third party” inspection report. A qualifying party would be any “federal, state, or local government agency, or any person whom the seller, or prospective buyer, reasonably believed has the expertise necessary to meet the industry standards of practice” for preparing such a report. This option will most likely cost the seller and isn’t often used. When this report is provided, sellers and their agents are still obligated to disclose any known material facts that contradict the report or that are omitted from it.
Waiver
If buyers and sellers agree, the Sellers Disclosure may be waived. The “Waiver” box is then checked on the Alternatives form and both parties sign off on it. Why might a seller choose a waiver? Reasons vary but it’s sometimes due to simple lack of information. For example, if adult children sell their parents’ home having never lived there, they may choose a waiver. Or if an investor sells a home that was occupied solely by renters, a waiver might make sense. Seeing a waiver can make buyers nervous, however, so I typically recommend that home sellers share as much information as possible using the full Disclosure form.
Common Red Flags for Buyers
If you’ve found a house that fits and are thinking it’s the one, you should examine all disclosures. Your real estate agent should provide them. If not, ask.
What do buyers commonly look for when reviewing the Seller’s Disclosure? Big ticket items like age of the roof (if known) and details relating to any past damage to foundation, windows, walls, siding and roofs of all structures should be noted. Water seepage and sewer back ups can also be red flags, though basement moisture is not uncommon in older Minnesota homes. A previous sewer back-up could signal a future problem unless properly remedied. Getting a sewer scope during your inspection period can be money well spent if you suspect an issue. Checking for a past problem on the Disclosure is a good place to start.
Past work done on the property must also be disclosed along with any work done without appropriate permits. You’ll also want to check for any easements, encroachments, restrictions, etc. These items, often found through title searching, aren’t always visible but may affect your use and enjoyment. Buyers can also check the working order and presence of all appliances and systems including heating, electrical, plumbing and mechanical.
Disclosures NOT Required by Sellers
Ghosts, paranormal activity
Natural death or suicide
HIV-infected owner or occupant
Proximity to adult residential facilities
If you suspect your house is haunted, you’re not legally obligated to share. In addition to paranormal activity, sites of suicide, natural or accidental deaths need not be disclosed (murder on site is required.)
Disclosure of homes currently or previously “occupied by an owner or occupant who is or was suspected to be infected with human immunodeficiency virus [HIV] or diagnosed with acquired immunodeficiency syndrome” is not required.
Sellers also are not legally obligated to disclose whether the neighborhood has an “adult family home, community-based residential facility, or nursing home.”
Read the full statute section here.
Selling? Plan Ahead
If you’re planning to list soon you should get familiar with this form, begin formulating your response and start digging up past disclosures and paperwork that might be useful. Do you remember purchasing title insurance, for example? Your old closing documents may have the answer. Can you recall years when you did major repairs? Look for old receipts to confirm when and what work was done. If work was extensive, start making a list of everything, it can be attached to the Disclosure saving you time when you’ll most likely need it. Read through the form carefully and highlight unknown terms. Your agent should be able to clarify or at least point you in the right direction when filling out this form.
If you would like to learn more about our state (and city) disclosure requirements feel free to connect. heidi@lyndenrealty.com
Heidi Swanson is a Realtor® based in St. Paul, Minnesota. She writes a blog to share information on variety of topics including buying and selling, market conditions, homeownership trends, local events and more. Reach her at heidi@lyndenrealty.com or 651-503-1540.
*Consult with legal professional for advice if needed