# Minnesota Seller Disclosure Requirements: What to Disclose > What Minnesota sellers must disclose before a purchase agreement: material facts, radon, wells, lead paint, and waiver limits. URL: https://sellmyhousefastmankato.com/guide/minnesota-seller-disclosure-requirements/ Last-Modified: 2026-10-04 Author: Ryan Quade Mankato Home Selling Guide # Minnesota Seller Disclosure Requirements Explained What Minnesota sellers must disclose before a purchase agreement: material facts, radon, wells, lead paint, and waiver limits. By Ryan Quade, Realtor® · Coldwell Banker Updated October 4, 2026 6 min read ![Homeowner filling out a disclosure form at a dining table in a lived-in Minnesota home, soft golden light](/images/featured/homeowner-filling-out-a-disclosure-form-at-a-dinin.webp) ## What Minnesota Sellers Must Disclose We see sellers freeze up when they look at the mandatory disclosure forms. That initial hesitation is completely understandable. No one wants to risk a lawsuit just because they forgot a detail. Our team uses this exact framework to simplify the minnesota seller disclosure requirements for homeowners. You can use it as a checklist of things to verify before you sell your Mankato home [/ →](/) . This material does not substitute for formal legal advice. Our main takeaway from years of listings is that the core rule is actually quite simple. A seller must disclose what they know, in writing, before the buyer signs a purchase agreement. ## The Main Rule: Known Material Facts Under minn stat 513.55, a seller must detail in writing all material facts they know about the property. These facts include anything that could adversely and significantly affect an ordinary buyer’s use or enjoyment of the home. Our listing process typically utilizes the standard Minnesota Association of Realtors (MNAR) Seller’s Property Disclosure Statement to cover these bases. This form walks you through the house system by system. The language focuses on two specific words. We always tell clients to pay attention to “known” and “material.” - **Known details:** facts you personally observed or experienced. - **Material issues:** significant defects beyond minor cosmetic scuffs. - **Required facts:** structural problems like a basement taking on water every spring. Statute 513.56 also provides specific exceptions for non-material facts. You do not need to disclose if the property was the site of a natural death or perceived paranormal activity. Our experts recommend sticking strictly to physical property conditions to avoid confusion. ## The Waiver Option, and Its Limits Minnesota allows the buyer and seller to agree in writing to waive the general disclosure statement. Estates and investors sometimes use a waiver if they have never occupied the home. Our agents often remind sellers that a waiver of the general statement does not erase the other required disclosures. Under Minn. Stat. 513.60, specific environmental and safety rules still apply. A waiver serves as a legal tool with very real limits. We highly recommend talking to an attorney before choosing to skip the standard forms. ## Other Required Disclosures Some property hazards carry their own specific legal requirements. State and local governments mandate separate documentation for these items. Our checklist covers these distinct categories to keep your transaction compliant. ### Radon Minnesota sellers must state whether they have tested for radon and share the results. The law also requires a specific warning statement and information outlined by Minn. Stat. 144.496. Our local data shows that Blue Earth County averages an indoor radon level of 4.4 pCi/L. This number sits above the EPA action level of 4.0 pCi/L. The Minnesota Department of Health says roughly two in five homes across the state pose a significant health risk from this gas. We find that many sellers choose to test with a continuous radon monitor before listing so the result is not a surprise. You can read more about this in our guide: should you test for radon before selling in Minnesota [/guide/radon-test-before-selling-minnesota/ →](/guide/radon-test-before-selling-minnesota/) . Testing early provides ample time for mitigation if needed. Our contractors can install a mitigation system in a single afternoon. ![Basement of an older Midwestern home with radon mitigation pipe and sump pit, clean and well lit](/images/content/basement-of-an-older-midwestern-home-with-radon-mi.webp) ### Wells Properties with a well require a specific declaration before the purchase agreement is signed. A well certificate, or a statement confirming there are no wells, goes with the deed at closing under Minn. Stat. 103I.235. Our team tracks these certificates through the Minnesota Department of Health for rural acreages and farmsteads. Unused or sealed wells absolutely count toward this requirement. You can review the specific forms in our guide to septic and well rules in Blue Earth County [/guide/septic-and-well-rules-selling-blue-earth-county/ →](/guide/septic-and-well-rules-selling-blue-earth-county/) . Our compliance experts double-check these records before closing day. ### Lead-based paint (homes built before 1978) Federal law sets strict rules for sellers of homes built before 1978. Owners must disclose known lead-based paint hazards and provide any existing reports. Our standard practice includes giving buyers the official EPA booklet titled “Protect Your Family from Lead in Your Home”. Buyers also get a mandatory 10-day window to conduct their own paint testing. Many historic Mankato properties fall into this age bracket. We make sure Lincoln Park homeowners have these EPA documents ready on day one. ### Septic systems The status of a private septic system matters heavily if the home is not on city sewer. Counties enforce their own transfer rules for Subsurface Sewage Treatment Systems. Our rural listings in Blue Earth County require a compliance inspection or a current certificate of compliance. These certificates remain valid for three years on existing systems. New construction systems hold a valid certificate for five years. We help buyers and sellers draft a written agreement if a failing system must be replaced within the 10-month county deadline. ## Things to Check Before You Fill Out the Form Review your home’s history carefully before answering the official form. You can request past permits from the local building department if your records are incomplete. Our recommended method is to use this table as a practical checklist. | Area | Questions to ask yourself | | --- | --- | | Water | Any basement water, leaks, ice dams, sump pump issues? | | Structure | Foundation cracks, settling, roof leaks, past repairs? | | Systems | Furnace, water heater, electrical or plumbing problems? | | Environmental | Radon test results, mold, lead paint, buried tanks? | | Legal and land | Easements, boundary issues, open permits, flood zone? | | Wells and septic | Wells on the property, septic type and condition? | | Rentals | Leases, rental license, tenant issues? | Gather receipts and service reports for any past repairs. A buyer feels much more comfortable seeing that a licensed professional fixed the furnace. Our clients often present a binder of these maintenance records at showings. ![Seller and realtor reviewing a completed disclosure checklist](/images/content/seller-and-realtor-reviewing-a-completed-minnesota.webp) ## What Happens If You Don’t Disclose? A buyer may have grounds for a civil lawsuit if a seller hides a known material fact. Minnesota law typically allows buyers to bring a misrepresentation claim within two years of closing. Our priority is to protect you from claims of fraud or negligence long after the sale. A problem disclosed up front simply becomes a normal negotiation point. That same problem discovered later can trigger an expensive legal battle. We advise speaking with a real estate attorney to understand your exact liability risks. ## Common Questions Sellers Have **”Should I mention something I am not sure about?”** You can describe what you have observed if you know about a condition but not its exact cause. Refrain from guessing the underlying defect if you lack professional training. Our rule of thumb is to state the visible symptom to remain totally transparent. **”Does the inspection replace my disclosure?”** The buyer’s independent inspection remains completely separate from your legal duty to share what you know. A pre-inspection report does not excuse you from filling out the state forms. We require sellers to complete their statement even if a buyer waives their right to an inspection. **”What about things that happened in the house?”** Minnesota law limits which non-physical facts require a formal declaration. The statute exempts you from mentioning natural deaths or neighborhood adult family homes. Our legal partners are the best resource for interpreting these specific exemptions. ## Items That Come Up Often in Mankato Homes Every house has unique quirks based on its age and location. A few specific items show up constantly on property forms around the Mankato area. Our agents check for these common regional factors during every initial walkthrough. - **Basement moisture** from freeze-thaw cycles impacting properties below the bluff lines. - **Radon** concentrations in Southern Minnesota, which sits in EPA Zone 1 for high radon risk. - **Older wiring and plumbing** found inside century homes in the Lincoln Park neighborhood. - **Flood zone status** based on the updated preliminary FEMA flood maps for Mankato and North Mankato in 2021. - **Septic and well records** for rural properties requiring specific county compliance tests. - **Rental licenses and leases** that buyers demand for any active income property. Documenting these common elements early prevents delays during the underwriting phase. Transparency builds immediate trust with potential buyers. Our team provides contacts for local specialists if you need an old system evaluated. ## A Simple Disclosure Timeline Timing matters just as much as accuracy when handling real estate paperwork. These documents must reach the buyer’s hands at specific stages of the transaction. Our preferred schedule keeps the process stress-free and legally compliant. 1. **Before listing:** gather receipts, radon test results, and old building permits. 2. **At listing:** make the minnesota seller disclosure statement available immediately. 3. **Before the purchase agreement:** confirm the buyer has signed every required disclosure form. 4. **If something changes:** talk to an attorney about updating the disclosure for new material facts. This proactive approach prevents last-minute panic before a closing date. Buyers appreciate sellers who present a complete and organized file. Our transaction coordinators verify every signature to ensure nothing slips through the cracks. ## How Your Agent Helps Your agent cannot give legal advice or fill out the legal forms on your behalf. A knowledgeable professional will walk through each section and point out common items in local homes. Our prep-and-list walkthrough includes a detailed review so nothing gets missed. Ryan ensures you have time to get contractor estimates or schedule radon tests early. This preparation allows your listing to go live with a fully completed minnesota seller disclosure statement. We work hard to help you meet all minnesota seller disclosure requirements for a smooth and profitable sale. ![Ryan Quade](/images/squares/professional-headshot-of-a-friendly-midwestern-mal.webp) Ryan Quade [/about/#ryan-quade →](/about/#ryan-quade) Realtor, Listing Agent, Coldwell Banker Ryan Quade is a licensed Minnesota real estate salesperson with Coldwell Banker who has helped Mankato and South Central Minnesota homeowners sell for 20 years. He writes the Mankato Home Selling Guides on pricing, repairs, cash offers and estate sales for Sell My House Fast Mankato. Credentials: Licensed Minnesota Real Estate Agent · Coldwell Banker affiliated agent Guide FAQ ## Questions Sellers Ask ### Can a Minnesota seller sell a house without a disclosure statement? Buyers and sellers can agree in writing to waive the general disclosure statement, but under Minn. Stat. 513.60 that waiver does not cover other required disclosures, such as radon and wells. Waivers also don't protect against every claim. Ask an attorney before relying on one. ### Do I have to disclose problems I fixed? Minnesota requires you to disclose known material facts that could significantly affect the use or enjoyment of the property. Whether a past, repaired issue still counts depends on the facts. Many sellers disclose the problem and the repair, with receipts. Ask an attorney if you're unsure. ### When must disclosures be given? Before the buyer signs the purchase agreement. In practice, the disclosure statement is usually available when the home is listed, so buyers can review it before writing an offer. ### Do I have to test for radon before selling? No. Testing isn't required, but you must disclose whether you've tested, the results, and whether there's a mitigation system, along with the radon warning and information required under Minn. Stat. 144.496. ### What if I never lived in the home, like an estate or rental? The duty covers what you know. A personal representative or landlord who never lived there may know less, but required disclosures like radon and wells still apply. An attorney can explain how the rules apply to your situation. Keep Reading ## More Guides on This Topic ### Should You Test for Radon Before Selling Your Minnesota Home? Over 2 in 5 Minnesota homes have high radon. What to disclose, pros and cons of testing first, and mitigation in negotiation. Read [Should You Test for Radon Before Selling Your Minnesota Home? →](/guide/radon-test-before-selling-minnesota/) ### Selling a Home with a Septic System or Well in Blue Earth County Blue Earth County septic transfer rules, winter agreements with a June 1 deadline, and the well certificate needed at closing. Read [Selling a Home with a Septic System or Well in Blue Earth County →](/guide/septic-and-well-rules-selling-blue-earth-county/) ### Downsizing in Mankato: Selling the Family Home A downsizing plan for long-time Mankato owners: timing the next move, sorting belongings, and which repairs to skip. Read [Downsizing in Mankato: Selling the Family Home →](/guide/downsizing-home-mankato/) ### FSBO, Discount Broker, or Full-Service Agent in Mankato? Compare selling FSBO on Zillow or Facebook, using a flat-fee MLS or discount broker, and full-service listing, framed by net proceeds. Read [FSBO, Discount Broker, or Full-Service Agent in Mankato? →](/guide/fsbo-vs-discount-broker-vs-realtor-mankato/) Next Step ## Get a free home value report Get a written comparative market analysis and seller net sheet for your Mankato-area home. Free, with no obligation to list. Get My Free Report [/home-value/ →](/home-value/) Call or Text Ryan [tel:5075550192 →](tel:5075550192)