What do you have to disclose when selling a house in Minnesota?
In Minnesota, you must disclose in writing every material fact you’re aware of that could significantly and adversely affect a buyer’s use and enjoyment of the home — roof leaks, water in the basement, a failing furnace, a bad well, past flooding, known radon results, and anything similar. The Minnesota seller disclosure law (Minn. Stat. 513.52–513.60) applies to almost every residential sale, it applies even when you sell “as-is” unless you sign a specific waiver, and if you skip a defect you knew about, the buyer has two years after closing to sue you.
By Greg & Tracy | July 7, 2026
Of all the paperwork in a home sale, the Seller’s Property Disclosure Statement is the one that makes sellers nervous — and it should get your attention, because it’s the single document most likely to follow you after the sale closes. The good news: once you understand what “material fact” actually means, it’s far more manageable than it feels. Here’s exactly what you’re on the hook for, what you’re not, and how to fill it out so it protects you instead of exposing you.
What counts as a “material fact” you have to disclose
Minnesota’s rule is written around a single idea: you have to tell buyers what you know that they can’t easily see. The statute requires you to disclose all material facts you’re aware of that could adversely and significantly affect an ordinary buyer’s use and enjoyment of the property. It’s a knowledge-based standard — you’re not certifying the home is perfect, you’re honestly reporting what you know.
The standard disclosure form walks you through the categories, and they cover the parts of a house that quietly cost real money:
- Structural and roof — foundation movement, roof age and leaks, prior structural repairs.
- Water and moisture — basement seepage, past flooding, sump pump history, drain tile, water stains.
- Mechanical systems — heating, cooling, electrical, and plumbing problems you know about.
- Well and septic — condition, age, and any issues, which matter enormously on west-metro acreage homes with a well and septic system.
- Pests and prior damage — wood-destroying insects, known damage, and the repairs you made.
- Environmental hazards — anything you’re aware of that affects health or safety.
Two items sit slightly outside the main form and trip people up, so handle them deliberately:
Radon. Minnesota has a separate radon disclosure duty. Before you sign a purchase agreement, you must disclose in writing any radon test results you already have for the home and hand the buyer the state’s Radon Warning Statement and publication. You don’t have to test, and you don’t have to mitigate — but you can’t sit on a result you already know. If a test does come back high, mitigation usually runs $1,500 to $3,000, and buyers and sellers negotiate who covers it, often as a closing credit in the $800 to $2,000 range.
Lead-based paint. If your home was built before 1978, federal law adds a lead-based paint disclosure, the Lead Warning Statement in the contract, and an EPA pamphlet for the buyer. Much of the charm inventory in Edina, Minnetonka, Excelsior, and the Minneapolis lake neighborhoods falls into this category, so don’t skip it on an older home.
When you genuinely don’t know something, “unknown” is a legitimate answer — as long as it’s honest. What you can’t do is answer “no” to a problem you’re aware of. The whole standard rises and falls on your knowledge, made in good faith, at the time you sign.
What you do NOT have to disclose
Sellers usually walk in expecting the worst, so this is the part that brings the blood pressure down. Minnesota specifically carves out a set of “stigma” facts you are not required to disclose:
- That the property was the site of a suicide, accidental death, natural death, or perceived paranormal activity.
- That a previous owner or occupant was suspected of or diagnosed with HIV or AIDS.
- Neighborhood rumors, or that the home was once used as something like an adult-care facility.
- The specific status of a nearby predatory offender — as long as your disclosure states how the public registry can be accessed.
The line is simple once you see it: Minnesota makes you disclose physical, material facts about the property’s condition, not the property’s history or reputation. A cracked heat exchanger is material. A rumor is not.
Selling “as-is” doesn’t erase your disclosure duty
This is the single biggest misconception we correct, and it’s an expensive one to get wrong. In Minnesota, selling as-is does not automatically waive disclosure. “As-is” means you won’t be making repairs — it does not mean you can stay quiet about what you know.
To actually skip the disclosure statement, you and the buyer have to sign a specific written waiver (the “Seller’s Disclosure Alternatives” option), and here’s the catch that surprises people: once you’ve waived it, you must then make no disclosures at all, oral or written. If you hand over a filled-out disclosure form anyway, the very act of disclosing voids the as-is aspect. You can’t have it both ways.
And no waiver — as-is or otherwise — protects a seller who acts fraudulently. If you actively conceal a known defect or lie about it, the waiver won’t save you. So even on a true as-is sale, honesty is still the safe strategy. If you’re weighing an as-is approach for an older home, it’s worth reading how that decision interacts with the repair requests a buyer’s inspection can trigger before you commit to a path.
What happens if you don’t disclose — the two-year rule
Here’s why this form deserves your full attention. Under Minn. Stat. 513.57, a seller who fails to disclose a known material fact is liable to the buyer — and a buyer has two years from their closing date to bring a claim.
If a buyer proves you knew about a defect and didn’t disclose it, the exposure can include:
- Damages — the cost to repair the problem, plus related losses.
- Your buyer’s legal fees — not just your own.
- Rescission in some cases — unwinding the sale entirely.
The one protection built into the law is the knowledge requirement: the buyer has to prove you knew and stayed silent. That’s exactly why a careful, complete disclosure works in your favor. When you document what you know and disclose it honestly, you shift a known issue onto the record — the buyer accepted the home with eyes open — instead of leaving it as a landmine that detonates a year later. In our higher-price west-metro market, where a defect claim on a $900,000 home is a very different number than on a starter house, that documentation is genuinely your best insurance.
The disclosure statement also runs on a tight clock inside the deal. Under the standard Minnesota purchase contract, you typically deliver the completed form within about 10 days of accepting an offer, and the buyer then has roughly three to five days to review it and decide whether to move forward, request repairs, or cancel. Because it can reopen negotiations, filling it out thoughtfully before you list — not the night it’s due — keeps you in control.
How to fill it out so it protects you
Every seller who sails through this does the same handful of things:
- Start early, before you list. Walk your own home like an inspector and write down what you actually know. Doing it early removes the pressure of the 10-day deadline.
- Gather your records. Old repair invoices, the roof warranty, the furnace service history, any prior radon test, and well or septic paperwork all help you answer accurately — and prove good faith later.
- Disclose, don’t diagnose. You’re reporting what you know, not guaranteeing outcomes. “Basement took on water in the 2024 storm; installed a sump pump” is perfect. Honest and specific beats vague every time.
- When unsure, say so honestly. “Unknown” is fine when it’s true. Answering “no” to something you suspect is where sellers get burned.
- Loop in a pro on the gray areas. Anything involving past litigation, an unusual defect, or a real as-is waiver is worth a quick conversation with your agent and, when needed, a real estate attorney.
None of this is meant to scare you off. Thousands of Minnesota homes change hands every month, and the vast majority of disclosure statements never cause a problem — precisely because the seller was honest. The form only becomes a weapon when someone tries to hide something.
Frequently Asked Questions
Do I still have to disclose if I sell my house as-is in Minnesota?
Usually, yes. Selling as-is does not automatically cancel your disclosure duty. To skip disclosures, you and the buyer must sign a specific written waiver — and if you make any disclosure, oral or written, you void the as-is aspect. A waiver also never protects a seller who acts fraudulently.
How long can a buyer sue me for failing to disclose in Minnesota?
Two years. Under Minn. Stat. 513.57, a buyer must bring a failure-to-disclose claim within two years of closing, and they have to prove you actually knew about the defect. Remedies can include damages, your buyer’s legal fees, and in some cases unwinding the sale.
Do I have to tell buyers if someone died in the house?
No. Minnesota specifically exempts suicide, accidental death, natural death, and perceived paranormal activity, along with a former occupant’s HIV or AIDS status and neighborhood rumors. These are stigma facts, not material defects, so they’re not required disclosures.
What’s the difference between the disclosure statement and the TISH inspection?
They’re separate things. The disclosure statement is your written report of what you know about the home’s condition, required statewide. A Truth-in-Sale-of-Housing (TISH) inspection is a city-run point-of-sale inspection required in Minneapolis, St. Paul, and a handful of other cities — a physical inspection layered on top of your disclosure duty, not a replacement for it.
Do I have to disclose radon when selling a home in Minnesota?
Yes, to the extent you have knowledge. Before signing a purchase agreement you must disclose any radon test results you already have and deliver the state’s Radon Warning Statement and publication. You aren’t required to test or mitigate, but you can’t conceal results you know about.
The bottom line for Minnesota sellers
Your disclosure statement isn’t a trap — it’s the document that closes the door on a lawsuit before it can open. Report what you know, in writing, in good faith, and the two-year clock becomes a formality instead of a threat. Try to bury a defect, and it becomes the most dangerous page in your file.
Because a single disclosure item — a well, a wet basement, an aging roof — can also reshape what you actually walk away with, it’s worth mapping the whole picture before you list. That starts with knowing what your home is worth and what you’d net in today’s market. If you’re thinking about selling in the Twin Cities or the west-metro suburbs, get a free, no-pressure home valuation from Greg & Tracy and the Hammer Group team — and we’ll walk through your disclosures and your bottom line together, well before anything is due.
This article is general information for Minnesota home sellers, not legal advice. For a specific situation — especially an as-is waiver, prior litigation, or an unusual defect — consult a licensed Minnesota real estate attorney.
About Greg & Tracy
Greg & Tracy are Twin Cities real estate advisors with Hammer Group, helping buyers and sellers navigate the Minneapolis–St. Paul market with a calm, data-driven approach. They focus on luxury and move-up homes across the western suburbs, including Wayzata, Minnetonka, Edina, Excelsior, Orono, and the Lake Minnetonka area.
