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Property Disclosure Statement Guide: What Landlords, Tenants, and Investors Need to Know

Learn everything about property disclosure statements, including legal requirements for sellers, what tenants should know when their rental is being sold, and how investors can protect themselves during transactions.

Introduction

A Property Disclosure Statement is a legally significant document that requires property sellers to reveal known material defects and issues with a property. Whether you're a tenant whose rental home is being sold, a landlord selling your rental property, or a real estate investor managing multiple properties, understanding disclosure requirements is crucial to protect your interests and avoid potential legal disputes. This guide explains what property disclosure statements entail, who needs to complete them, what must be disclosed, and how these documents affect different parties in real estate transactions.

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Key Things to Know

  1. 1

    Property disclosure requirements vary by state, so always check your local laws or consult with a real estate attorney to understand specific obligations in your area.

  2. 2

    Disclosure statements typically cover known issues only—sellers generally aren't required to hire inspectors to discover unknown problems.

  3. 3

    For landlords selling rental properties, tenant-reported maintenance issues should be included in your disclosures, even if you haven't personally verified them.

  4. 4

    Tenants' lease rights are generally protected when a rental property is sold; the new owner typically must honor existing lease terms.

  5. 5

    Real estate investors should maintain detailed property records and consider pre-listing inspections to facilitate accurate disclosures.

  6. 6

    Selling a property 'as-is' does not exempt sellers from disclosure requirements—you must still disclose known material defects.

  7. 7

    The consequences of inadequate disclosure can include lawsuits, monetary damages, rescission of the sale, and significant legal expenses.

  8. 8

    When in doubt about whether to disclose something, the safer legal approach is to include it in your disclosure statement.

Key decisions before you file

Before you file a Property Disclosure Statement in Minnesota, a few decisions shape the document: which option to choose and what each one means. The Property Disclosure Statement guide walks through them.

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Minnesota Requirements for Property Disclosure Statement

  • Minnesota Seller's Disclosure Requirements (Minnesota Statutes § 513.55)

    Requires sellers to disclose in writing all material facts of which the seller is aware that could adversely affect the use or enjoyment of the property or any intended use of the property of which the seller is aware.

  • Disclosure Form Delivery Timing (Minnesota Statutes § 513.56)

    Mandates that the seller's disclosure statement must be made in good faith and based upon the best of the seller's knowledge at the time of disclosure, and must be delivered to prospective buyers before signing a purchase agreement.

  • Exceptions to Disclosure Requirements (Minnesota Statutes § 513.54)

    Outlines specific transactions exempt from disclosure requirements, including transfers pursuant to court order, between co-owners, to a spouse or certain relatives, and certain other transfers.

  • Liability for Errors or Omissions (Minnesota Statutes § 513.57)

    Establishes seller liability for misrepresentations or omissions on the disclosure statement, including potential damages for buyers who rely on false or incomplete information.

  • Radon Disclosure Requirements (Minnesota Statutes § 144.496)

    Requires disclosure of any knowledge of radon concentrations in the dwelling, including providing information about radon risks and the availability of radon testing.

  • Lead-Based Paint Disclosure (42 U.S.C. § 4852d; 24 CFR Part 35; 40 CFR Part 745)

    Requires disclosure of known lead-based paint and lead-based paint hazards in housing built before 1978, provision of available records/reports, and a 10-day inspection period for buyers.

  • Well Disclosure Requirements (Minnesota Statutes § 103I.235)

    Mandates disclosure of the location and status of all wells on the property, including whether they are in use, not in use, or sealed, and filing of a well disclosure certificate with the county recorder.

  • Septic System Disclosure (Minnesota Statutes § 115.55)

    Requires disclosure of the location and status of any individual sewage treatment system on the property, including compliance with applicable regulations and any known issues.

  • Methamphetamine Production Disclosure (Minnesota Statutes § 152.0275)

    Requires disclosure if the seller has received notice that methamphetamine production has occurred on the property, unless the property has been remediated.

  • Airport Zoning Regulations (Minnesota Statutes § 360.065)

    Requires disclosure if the property is in an airport safety zone or subject to airport zoning regulations that may affect the use and enjoyment of the property.

  • Flooding and Flood Insurance Disclosure (42 U.S.C. § 4104a; Minnesota Statutes § 513.55)

    Requires disclosure of any known flooding issues or if the property is located in a FEMA-designated flood zone, which may affect insurance requirements and property use.

  • Homeowner Association Disclosure (Minnesota Statutes § 515B.4-107)

    Requires disclosure of any homeowner association (HOA) that the property is subject to, including fees, restrictions, and governing documents that affect property use.

  • Underground Storage Tank Disclosure (Minnesota Statutes § 116.48)

    Requires disclosure of any known underground storage tanks on the property, which may pose environmental hazards and require special maintenance or removal.

  • Moisture and Water Intrusion Disclosure (Minnesota Statutes § 513.55)

    Requires disclosure of known moisture intrusion, water damage, mold, or water seepage affecting the property, which may impact habitability and health.

  • Structural and Mechanical System Disclosure (Minnesota Statutes § 513.55)

    Requires disclosure of known defects in the structural components, mechanical systems, electrical systems, plumbing, and appliances included in the sale.

  • Boundary Line Disputes (Minnesota Statutes § 513.55)

    Requires disclosure of any known boundary line disputes, encroachments, or shared driveways/access agreements that may affect property rights.

  • Disclosure of Prior Inspections (Minnesota Statutes § 513.55)

    Requires disclosure of any previous inspection reports or documentation of property conditions that the seller possesses, which may reveal material defects.

  • Disclosure of Environmental Hazards (Minnesota Statutes § 513.55; Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA))

    Requires disclosure of known environmental hazards such as asbestos, formaldehyde, contaminated soil, or other toxic substances on the property.

  • Disclosure of Building Code Violations (Minnesota Statutes § 513.55)

    Requires disclosure of any known building code violations or non-permitted improvements that may affect the property's compliance with local regulations.

  • Disclosure of Pending Special Assessments (Minnesota Statutes § 513.55)

    Requires disclosure of any pending special assessments or tax assessments that may affect the property's future costs and value.

Frequently Asked Questions