What Minnesota requires from home sellers
A few Minnesota rules apply to almost every home sale, whether you list with an agent or sell for cash to a buyer like Minnesold. Three of them surprise people most often: the radon disclosure, the well disclosure, and septic inspections at transfer. None of them go away when you sell as-is.
This guide covers the general picture. It isn’t legal advice, and local rules vary. Your attorney or the title company can confirm what applies to your property.
The radon disclosure
Radon is a naturally occurring radioactive gas that can build up in homes, and it’s common in Minnesota soil. Minnesota law requires sellers to give buyers a radon disclosure before signing a purchase agreement. In general, it includes:
- A standard radon warning statement
- Whether the home has been tested, and any results you know of
- Whether a radon mitigation system is installed, and information about it
- A copy of a state radon publication
The law requires the disclosure, not a new test. If the house has never been tested, you say so. If a parent’s house was tested years ago and you find the results in a file cabinet, include what you know.
The well disclosure statement
If the property has a well, Minnesota requires a well disclosure statement at sale. It tells the buyer whether wells exist on the property, where they are, and whether they’re in use, not in use, or sealed. Unused wells may need to be sealed by a licensed contractor, or have a maintenance permit.
This matters more than people expect. Older homes on larger lots, and some suburbs where city water came later, can have old wells nobody remembers. When you’re settling an estate and don’t know the history, disclose what you know and ask the attorney about the rest.
Septic compliance inspections at transfer
Some Minnesota counties and cities require a septic compliance inspection when a property with a septic system changes hands. The inspection checks whether the system meets current standards. If it doesn’t, the county may require it to be upgraded or replaced, sometimes before the sale or within a set time after.
Rules differ by county and city, so the first step is always checking the requirement for the specific address. When we buy, we confirm the rules and arrange and pay for any required inspection.
| Requirement | Applies to | Seller’s responsibility | On a sale to Minnesold |
|---|---|---|---|
| Radon disclosure | Nearly all residential sales | Complete and deliver the form | Still your form; we walk you through it |
| Well disclosure statement | Properties with a well | Complete and deliver the statement | Still your form; we walk you through it |
| Septic compliance inspection | Depends on county or city | Often the seller arranges it | We arrange and pay for it when required |
Point-of-sale inspections are separate
Some cities also have their own time-of-sale housing inspections. Minneapolis and St. Paul require a Truth-in-Sale of Housing (TISH) evaluation before most sales. That’s a separate program from radon, well, and septic rules. See our TISH and time-of-sale inspections guide.
Why “as-is” doesn’t change disclosures
Selling as-is means the buyer takes the house without repairs. It doesn’t release you from required disclosures. That’s true for a sale to us and for any other sale. Our guide on what “as-is” really means in Minnesota explains the difference between repairs and disclosures.
When you sell to us, the disclosures remain your legal forms. We’ll walk you through each one and make sure they’re delivered at the right time. If a question comes up about what to disclose, like an old well you’re unsure about, we’ll suggest you ask an attorney.
Special situations
Inherited homes. Heirs often don’t know if the house was ever tested for radon, where the well is, or when the septic was last pumped. Disclose what you know, say what you don’t, and ask the attorney about anything unclear. The personal representative signs for the estate.
Rural properties. Homes outside city water and sewer service commonly have wells and septic systems. Some have more than one well, including old ones that were never sealed.
Homes that switched to city water. A house may be on city water now but still have an old well on the property. The well disclosure still applies.
Seasonal or lake properties. Septic systems on lake properties may face extra scrutiny, and rules vary by county.
Where to find records
| Record | Where to look |
|---|---|
| Radon test results | Owner’s files, past inspection reports |
| Radon mitigation system info | Installer’s paperwork, a label on the system |
| Well location and construction | County or state well records, owner’s files |
| Septic permits and inspections | County environmental or zoning office |
| Past pumping records | Owner’s files, septic service companies |
Timing matters
Disclosures generally need to be given to the buyer before a purchase agreement is signed. When you sell to us, we’ll make sure the forms are in front of you at the right time, and we’ll arrange any required septic inspection early so it doesn’t hold up closing.
A practical checklist
- Look for records. Radon test results, well permits, septic permits, and past inspection reports. Estate files often have them.
- Walk the property. Look for a well cap in the yard and septic tank lids.
- Call the county. Ask whether a septic inspection is required at transfer for your address.
- Ask questions early. An attorney can help with anything you’re unsure how to disclose.
If you’d rather not handle the inspection yourself, contact us. When we buy, required septic inspections are on us.
Minnesold's team includes a licensed Minnesota real estate agent. Information on this site is general and educational. It is not legal, tax, or Medical Assistance advice. Talk with a probate attorney, elder law attorney, or CPA about your situation.