Minnesota Seller Disclosure Requirements: The Statement, the Waiver, Radon, Wells, and Truth in Sale of Housing (2026)

Minnesota seller disclosure requirements start with one written statement and then branch into several separate laws. Before you sign a purchase agreement, you must tell the buyer about known material facts that could hurt the buyer's use of the house. Buyer and seller can agree in writing to skip that statement. The waiver stops there: radon, well, septic, methamphetamine, and lead disclosures keep running.

Then comes the city layer. Minneapolis, St. Paul, Bloomington, and Richfield each require a housing report tied to the sale. This guide covers each rule and what an as-is cash sale changes.

What Are Minnesota's Seller Disclosure Requirements?

Minnesota's seller disclosure requirements begin with a written statement of known material facts, given to the buyer before the purchase agreement is signed (Minn. Stat. § 513.55). It must include "all material facts of which the seller is aware that could adversely and significantly affect" an ordinary buyer's use and enjoyment of the house. It must be made "in good faith and based upon the best of the seller's knowledge."

The rules reach houses used as single-family residences, including condo and townhouse units (Minn. Stat. § 513.52). They apply to a sale, an exchange, a contract for deed, or a lease with an option to buy (Minn. Stat. § 513.53).

Transfers the statement does not cover

Section 513.54 lists 14 exceptions (Minn. Stat. § 513.54). The ones sellers ask about most are:

• a transfer made under a court order;
• a transfer by foreclosure or deed in lieu of foreclosure;
• a transfer to the heirs or devisees of someone who died;
• a transfer to a spouse, parent, grandparent, child, or grandchild, or under a divorce decree;
• a transfer to a tenant already living in the house.

Notice what is missing. The exception covers the transfer to an heir, not the heir's later sale to an outside buyer. A personal representative's sale is exempt only when made under a court order. An ordinary sale to a cash buyer is not on the list.

What you do not have to disclose

A seller need not disclose that the house was the site of "a suicide, accidental death, natural death, or perceived paranormal activity" (Minn. Stat. § 513.56). Registered offender details and airport zoning rules are also excused, but only if the seller gives a timely written notice of where to find them. Facts already in a qualified third party's written report, such as an inspection the buyer received, need not be repeated unless the seller knows something that contradicts it.

When a Seller Is Liable Under Section 513.57

A Minnesota seller is liable for a missed disclosure only if the seller knew the material facts, and the buyer must sue within two years of closing (Minn. Stat. § 513.57). Errors outside the seller's personal knowledge are excused. Facts found only in "inaccessible portions" of the house, or only by someone with expertise "beyond the knowledge of the seller," are excused too.

If the seller learns a disclosure was wrong, written notice must reach the buyer "in any event before closing" (Minn. Stat. § 513.58). Fraud and negligent misrepresentation claims survive regardless (§ 513.57, subd. 3). A skipped step does not void the sale by itself, but a court may still order it rescinded (Minn. Stat. § 513.59).

Can a Minnesota Seller Waive the Disclosure Statement?

Yes, a Minnesota seller and buyer can waive the disclosure statement in writing. The seller and the prospective buyer can waive the written disclosure statement if they both agree in writing (Minn. Stat. § 513.60). The same section sets the limit:

"Waiver of the disclosure required under sections 513.52 to 513.60 does not waive, limit, or abridge any obligation for seller disclosure created by any other law."

Cash buyers commonly offer this waiver, and it can suit both sides. An heir who never lived in the house may know little to put on a form. A waiver lets the buyer price the house on its own inspection instead.

The Disclosures a Waiver Cannot Touch

Five disclosure duties sit outside the general statute and survive a 513.60 waiver: radon, wells, septic systems, methamphetamine production, and lead paint in houses built before 1978.

Radon (Minn. Stat. § 144.496)

Before signing, the seller discloses in writing whether the house was tested, the most current records, and any mitigation system (Minn. Stat. § 144.496). The disclosure includes a radon warning statement set by statute. The seller also hands over the Department of Health publication "Radon in Real Estate Transactions."

Testing itself is optional. The Department says radon testing and mitigation "are not required during real estate transactions" (Minnesota Department of Health, April 2025). The duty is disclosure, and a seller who knew and stayed silent faces a two-year window of liability. Radon is common here: "more than two in five homes" in Minnesota have radon levels that pose a significant health risk (Minnesota Department of Health, October 2024).

Wells (Minn. Stat. § 103I.235)

Before signing, the seller lists all known wells and whether each is "in use, not in use, or sealed," or states that there are none (Minn. Stat. § 103I.235). At closing, a signed well disclosure certificate goes with the deed. With no known wells, the deed can carry the statutory no-wells statement instead.

The county recorder will not record a deed that has neither, and it charges the buyer $54 for a certificate. This statute has no heir exception and skips only individual condo units. A seller who knew of an undisclosed well can owe sealing costs and attorney fees for six years after closing.

Septic systems (Minn. Stat. § 115.55)

Before signing, the seller states whether sewage goes to a permitted facility, such as city sewer (Minn. Stat. § 115.55, subd. 6). If not, the disclosure maps the system and states what the seller knows about compliance and any straight-pipe system. Any earlier inspection report is attached. Liability covers compliance costs and attorney fees for two years.

Methamphetamine production (Minn. Stat. § 152.0275)

The seller must disclose in writing any methamphetamine production the seller knows occurred, and whether a cleanup order was issued or vacated (Minn. Stat. § 152.0275, subd. 2). A seller who knew and stayed silent can owe remediation costs and attorney fees for six years.

Lead paint in houses built before 1978

For most houses built before 1978, federal law requires a lead hazard pamphlet, disclosure of any known lead-based paint, and a Lead Warning Statement in the contract (42 U.S.C. § 4852d). The buyer gets 10 days to inspect for lead hazards unless the parties agree on a different period. City reports do not cover this, since Minneapolis evaluators do not look at lead paint or radon.

Truth in Sale of Housing: The City Layer

Several Minnesota cities require a time-of-sale housing report on top of the state disclosures, and the largest programs cover sales by owner.

Minneapolis

Minneapolis Truth in Sale of Housing (TISH) covers single-family houses, duplexes, townhouses, and first-time condo conversions. "You must have a full Truth in Housing report before you can show a property" (City of Minneapolis, June 2026). Sales that need one include "Sale by owner," "Contract for deed," and "Other title transfer."

A private evaluator inspects, and evaluators "set their own prices." The seller does not have to make the required repairs, which cover hazards like unsafe flues, exposed wiring, and missing smoke detectors. Any left at closing pass to the buyer, who must finish them "within ninety (90) days after the date of closing" (Minneapolis Code § 248.20). The report lasts two years, and "only for the owner listed on the report" (§ 248.50).

St. Paul

St. Paul's TISH report is "disclosure only" and covers single-family houses, duplexes, condos, and townhouses. It must be available to buyers within three calendar days of listing. It is good for one year and "valid for only one sale by the owner listed on the report" (City of Saint Paul, July 2026).

The only required repair in a single-family house is "an operational hard-wired smoke detector/alarm." Time of sale means accepting an offer "to sell or otherwise change the ownership of a property," so an unlisted sale is covered. Sales to immediate family are exempt, and skipping the report is a misdemeanor.

Bloomington and Richfield

Bloomington's Time-of-Sale Housing Inspection costs $250 plus a service charge and applies to private sales that are never listed. It requires "the correction of immediate hazards or assumption of hazards by the new buyer" (City of Bloomington). Richfield requires a City inspection and a Certificate of Housing Maintenance "prior to the transfer of ownership or closing" (City of Richfield). That one can set the closing date.

Rochester, MN and other cities

Rochester, MN lists no Truth in Sale of Housing or point-of-sale program, and its housing code has no sale-inspection chapter (City of Rochester). Confirm with the city before a sale. Hopkins repealed its program in 2021. Elsewhere, check the city's own website before listing.

Minnesota Disclosure and Pre-Closing Checklist

The checklist below puts each Minnesota disclosure and city report in the order a seller usually meets it.

What Does Selling a House As-Is in Minnesota Change?

Selling a house as-is in Minnesota changes who handles repairs and credits, but it does not switch off any disclosure law or city report.

What as-is can change

• The repair negotiation, since the buyer prices known conditions once.
• Whether you sign the 513.55 statement, but only with a written 513.60 waiver.
• In Minneapolis, who finishes TISH repairs: the buyer, within 90 days of closing.

What as-is does not change

• The radon, well, septic, methamphetamine, and lead disclosures.
• The well certificate or deed statement at closing.
• The city TISH or time-of-sale report, and St. Paul's smoke alarm.
• Liability for fraud or a known defect kept hidden.

For roof, foundation, or systems work, see our page on selling a house that needs major repairs. If the roof is the issue, our guide to hail damage, roof age, and insurance in Minnesota covers the insurance side.

Why the repair list matters more this fall

Minnesota buyers have more choices than a year ago. Statewide inventory rose 10.3% to 20,304 for-sale listings in August 2026, and the median sales price was $370,000, up 2.8% (Minnesota Realtors, September 2026). Realtor.com counted 6,940 Minnesota listings with a price cut, about 36.8% of active listings (Realtor.com via FRED, August 2026). With that much supply, a financed buyer can ask for credits on a long TISH list or move on.

How a Direct Cash Sale Handles These Rules

A direct cash sale follows the same Minnesota disclosure rules, but it can remove the lender conditions and repair negotiations that often slow a listed sale. Propcash is a direct cash homebuyer, so the offer comes from us as the buyer. We make one transparent, data-backed cash offer and show how we got to the number.

No appraiser or underwriter reviews the house, so a septic problem or a long TISH list typically becomes a pricing input. Propcash buys houses as-is and still follows the disclosure, radon, well, and TISH rules at closing. In Minneapolis, unfinished required repairs pass to the buyer, so you may not have to fix them before selling to Propcash.

A Minnesota title company typically handles the closing. Sellers pay no fees or commissions, and you pick the closing date. Cash sales can often close in as few as 7 days, though a Richfield certificate or a TISH evaluation can add time. If a cash sale is not your best move, we will say so.

You can get a cash offer on your Minnesota house or read more about selling a house for cash in Minnesota. Heirs should also see our guide to selling an inherited house in Minnesota.

Frequently Asked Questions

What do Minnesota sellers have to disclose when selling a house?

Before the purchase agreement is signed, Minnesota sellers must disclose in writing the known material facts that could significantly hurt a buyer's use of the house (Minn. Stat. § 513.55). Separate laws add radon, well, septic, and methamphetamine disclosures. Houses built before 1978 also carry the federal lead disclosure.

Can a Minnesota buyer and seller waive the disclosure statement?

Yes, a Minnesota buyer and seller can waive the disclosure statement if both agree in writing. Under Minn. Stat. § 513.60, the seller and the prospective buyer can waive the written disclosure statement if both agree in writing. The waiver does not reach disclosure duties under any other law, so radon, well, septic, methamphetamine, and lead disclosures still apply.

Does selling a house as-is in Minnesota remove the disclosure requirement?

No, selling as-is does not remove the disclosure requirement. Selling a house as-is in Minnesota settles who handles repairs, but the 513.55 statement stays unless the buyer also signs a written waiver. Even with a waiver, the radon, well, septic, methamphetamine, and lead rules apply, and a city time-of-sale report may be required.

Does a direct sale in Minneapolis need a Truth in Sale of Housing report?

In most cases, yes, a direct sale in Minneapolis needs a Truth in Sale of Housing report. Minneapolis lists "Sale by owner" and "Other title transfer" among the sales that need a TISH report, and the report must exist before the house is shown. The seller does not have to make required repairs, but the buyer must finish them within 90 days after closing.

Does an heir selling an inherited Minnesota house have to give disclosures?

Usually, yes, an heir who sells an inherited Minnesota house must give the disclosures. The exceptions cover the transfer to the heirs, not their later sale to an outside buyer, and a personal representative's sale is exempt only under a court order. The well statute has no heir exception, so the well certificate or deed statement is still needed at closing.

How long does a Minnesota buyer have to sue over an undisclosed defect?

Under Minn. Stat. § 513.57, a buyer must sue within two years after closing, and only if the seller knew the material facts. Radon and septic claims also carry two-year limits, while wells and methamphetamine carry six years. Fraud claims are preserved separately.

Data Sources: Minnesota Statutes (Office of the Revisor of Statutes, read September 2026). 42 U.S.C. § 4852d. Minnesota Department of Health. Minneapolis, Saint Paul, Bloomington, Richfield, and Rochester city pages. Minnesota Realtors, August 2026. Realtor.com via FRED, August 2026. Propcash is a direct cash homebuyer, not a law firm. For a specific question, consult a Minnesota real estate attorney.