MKLaw

Commercial Law

What are seller disclosure requirements?

MKLaw · April 24, 2025

Selling your home in Minnesota means sharing important details with potential buyers. State law requires you to disclose certain information that could affect the property’s value or livability. Being upfront protects you and helps the buyer make an informed choice.

What you must tell buyers

Minnesota law says you need to disclose “material facts.” These are details that could influence someone’s decision to buy. Examples include water damage, roof leaks, foundation cracks, or pest problems. If your home had a fire or flood, you have to mention that, too.

You must also share information about legal issues, like boundary disputes or unpaid assessments. If you’ve had repairs or upgrades, include when and what was done. Even if a problem seems fixed, you still have to mention it.

The disclosure form matters

Sellers usually fill out a written disclosure form. This helps you organize what you need to share. While it’s not required by one official format, most sellers use a standard version provided by real estate agents. It asks about the age of systems like plumbing, HVAC, and the roof.

You should answer honestly and as completely as possible. If you leave out key facts or guess about something important, that can lead to trouble later. It’s okay to say “unknown” if you truly don’t know.

When you don’t have to disclose

There are a few exceptions. If you’re selling to a close relative or in a court-ordered sale, you might not have to fill out a disclosure. But even then, if you choose to share information, it has to be truthful.

Foreclosures and properties sold “as-is” can also fall under special rules. However, “as-is” doesn’t mean you can hide known issues.

Being honest helps everyone

Clear disclosures reduce the chance of disputes. Buyers appreciate knowing what they’re getting. And sellers can avoid claims of hiding problems. Telling the truth builds trust and makes the process smoother for both sides.

This article is general information, not legal advice, and reading it does not create an attorney-client relationship. Appellate reversals described here are procedural rulings that returned cases to the district court. Results depend on the facts and law of each matter.

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