We know from years of local real estate experience that the disclosure process causes more anxiety than almost any other part of selling a house.
The sheer volume of paperwork can feel overwhelming for anyone.
The minnesota seller disclosure requirements define exactly what information you must share before a buyer signs a purchase agreement.
Our team usually handles this by sitting down with you and the standard documentation to simplify the process.
Most owners simply need a knowledgeable Duluth listing agent to walk them through the details.
The general rule under Minn. Stat. 513.55 is that you must disclose in writing all material facts you know about that could significantly affect a buyer’s use and enjoyment of the home.
Let’s look at the data, what it actually means for your transaction, and a few practical ways to respond.
What do Minnesota home sellers have to disclose?
In Minnesota, sellers must disclose in writing all material facts they know about that could significantly affect a buyer’s use and enjoyment of the home, or any intended use the seller is aware of. This happens before the buyer signs a purchase agreement.
We often remind clients that getting this right is your best defense against post-sale lawsuits. State law under Minn. Stat. 513.57 dictates a strict penalty for hiding known problems. Buyers actually have up to two years after the closing date to bring a failure-to-disclose claim against a seller.
Our agents always emphasize that the exposure in these lawsuits includes the cost of repairing the problem, plus the buyer’s legal fees. That is a heavy price for leaving out a detail you already knew about.
A few specific, non-waivable disclosures sit on top of the general rules:
- Radon test results and mitigation systems
- Lead-based paint for older homes
- Private wells
- Private subsurface sewage treatment systems (septic)
I am not an attorney, and this is not legal advice. This plain-language overview exists so you know what to expect and what to ask about.
What counts as a material fact?
A material fact is something a reasonable buyer would want to know because it could affect the home’s value or how they use it. The test is what you know, meaning you do not have to hire experts to find hidden problems, but you cannot ignore things you are aware of.
We constantly check the Duluth Inflow and Infiltration (I&I) program requirements when evaluating material facts. The city conducts inspections to find clear water entering the sanitary sewer system from old foundation footing drains. Properties contributing to this problem must be fixed, though the city currently offers a $2,150 grant to assist with sump pump installation and house trap removal.
Our staff will help you gather the I&I Point of Sale Certificate of Compliance required for every house sale in Duluth. If your home has a known issue with its sewer lateral or foundation drainage, that is a prime example of a material fact.
Common examples in Duluth homes include:
- Water in the basement, past or present
- Foundation cracks, settling or retaining wall problems
- Roof leaks and ice dam damage
- Known electrical issues, including knob-and-tube wiring
- Past insect, pest or mold problems
- Boundary disputes or easements you know about
- Sewer work, or the result of the Duluth building sewer inspection
- Any known lead service line
A useful rule of thumb
If you’d want to know it before buying the house, disclose it. Clear disclosure protects you after closing far better than a vague answer does.
What are the radon rules?
The Minnesota Radon Awareness Act (Minn. Stat. 144.496) requires sellers to provide a written disclosure about radon concentrations before a buyer signs a purchase agreement. No test is required, but if you have results, they must go in the disclosure.
We track the local testing data closely to help sellers understand their environment. According to a 2010 to 2020 dataset from the Minnesota Department of Health, 27 percent of properties tested in St. Louis County came back at or above the 4.0 pCi/L EPA action level. Over 56 percent tested above 2.0 pCi/L.
Our local market analysis shows that installing a mitigation system averages between $1,200 and $2,500. It typically takes one to two weeks to complete, which is easily manageable within how long it takes to sell a house in Duluth.
Sellers must tell buyers:
- Whether the home has been tested for radon
- The results of any tests
- Whether a mitigation system was installed, and its details
- Any known radon concentrations
- A copy of the state’s “Radon in Real Estate Transactions” publication
What about lead-based paint?
Homes built before 1978 need the federal lead-based paint disclosure under EPA rules. You must disclose any known lead-based paint or hazards, provide any reports you have, give the buyer the EPA pamphlet, and offer buyers a 10-day window to test.
We take these federal regulations very seriously because the penalties are severe. The EPA strictly enforces the Renovation, Repair and Painting (RRP) Rule, and in 2026, the inflation-adjusted civil penalties reached up to $46,989 per violation per day.
Our priority is making sure you have all the correct documentation for older properties. In Duluth, this applies to a lot of homes, considering 43 percent of the city’s housing stock was built before 1940 based on recent housing studies.
Lead service lines are a separate issue that you must disclose as a material fact if you know about them. The City of Duluth secured over $22 million in 2026 to replace 704 lead service lines with modern copper lines at no cost to property owners.
What about wells and septic systems?
If your home is outside the city sewer network or has a private well, two additional non-waivable disclosures apply. Under Minn. Stat. 115.55, a seller who fails to disclose the known status of a subsurface sewage treatment system is liable for compliance costs and attorney fees for up to two years after closing.
We guide rural and suburban sellers through St. Louis County Ordinance 61, which demands a point-of-sale inspection for septic systems. A passing “Certificate of Compliance Existing System” is valid for three years.
Our team will help you handle the escrow requirements if your system fails the inspection. St. Louis County requires 100 percent of the replacement costs to be held in an escrow account at the time of closing if a non-compliant system is not replaced before the sale.
- Wells. Sellers disclose all known wells, used or not, and a well disclosure certificate goes with the deed unless it states there are none (Minn. Stat. 103I.235). See the well disclosure guide.
- Septic. Sellers disclose the septic system and its status. St. Louis County also requires a septic compliance certificate at sale. See the St. Louis County septic inspection guide.
What doesn’t have to be disclosed?
Minnesota law provides specific protections for sellers regarding sensitive or personal information. Under Minn. Stat. 513.56, there is a strict list of facts that do not require disclosure, saving sellers from unnecessary privacy invasions.
We always point out that you are protected from disclosing stigmatizing events. You do not have to disclose if the property was the site of a suicide, accidental death, natural death, or perceived paranormal activity.
Our clients are also relieved to know they do not have to disclose if a past occupant was suspected of having HIV or was diagnosed with AIDS. Furthermore, you do not need to disclose information regarding registered predatory offenders, provided you give the buyer a written notice explaining how to check the state registry themselves.
Can a buyer waive disclosure?
Partly, but there are strict limitations. A buyer and seller can agree in writing to waive the general material-facts disclosure under section 513.60.
We frequently see these waivers in as-is investor sales or estate transfers. However, a written waiver does not cancel your obligation to follow the specific statutes for radon, private wells, and septic systems.
Our legal contacts constantly remind us that a waiver never protects a seller who acts fraudulently. Even if the buyer signs a waiver, you cannot actively lie or mislead them about a defect.
| Can Be Waived | Cannot Be Waived |
|---|---|
| General material facts (with written agreement) | Radon concentration history (Minn. Stat. 144.496) |
| Cosmetic damage history | Well location and status (Minn. Stat. 103I.235) |
| Past pest infestations | Septic system status (Minn. Stat. 115.55) |
How do I fill out the minnesota seller disclosure statement correctly?
The best strategy for the minnesota seller disclosure statement is to rely on documents rather than your memory. Pull your property tax records and verify the exact years you had major work done.
We suggest checking with the Duluth Building Safety division to locate past permits if you are unsure when a roof or electrical panel was replaced. Providing exact dates and permit numbers makes your disclosure much more authoritative.
Our top practical tips for a clean disclosure include:
- Start early. Fill it out before you list, not after an offer comes in.
- Gather records. Find repair invoices, radon results, sewer certificates, permits, and warranties.
- Answer what you know. “Unknown” is perfectly fine when it is the truth. Do not guess.
- Be specific. “Water in the northeast corner after heavy spring rain, 2021; downspout extended, no water since” is much better than “some water once.”
- Update it. If something changes before closing, give the buyer an updated disclosure immediately.
A highly detailed disclosure is one of the best ways to protect yourself after the sale. When you are ready to start this process, reach out to our office so we can review your documents line by line and point you to a qualified attorney for any legal concerns.
This guide is general information about selling a home in Duluth and Minnesota. It is not legal or tax advice. Rules and fees change, so confirm details with the City of Duluth, your county, your title company, an attorney or a tax professional as needed.
