Minnesota home disclosure law

In light of the recent issue of a local brokerage getting sued for non disclosure, I thought I would clarify a few things the media didn’t exactly make clear. The question is “what is a seller required to disclose” when selling their Minnesota home. Minnesota home disclosure laws changed most recently in 2003, which requires sellers of residential real property to disclose all known material facts pertaining to adverse physical conditions of the property which could adversely affect and ordinary buyers use and enjoyment of the property, or any intended use of the property of which the seller is aware. Brokers or their agents are also required to disclose the same information about the property if they know about it.

This is the question that isn’t talked about in the media with the most recent incident. Did the broker or the agent know about the murder at the home? If they did, there is no question that both the seller, and the agent were required to disclose this material fact.

More Specifics about the Minnesota Home Disclosure Law

So, what types of things must a broker or seller disclose? Minnesota law is very clear about that the following that does NOT need to be disclosed:

Suicide, accidental death, natural death, or perceived paranormal activity
information regarding sex offenders, as long as the seller gives written notice that information about predatory offender registry and registered offenders may be obtained by contacting local law enforcement or the department of corrections
if the property was occupied by someone who is, or was suspected to be, infected with the HIV virus or AIDS.
If the property is located in a neighborhood containing an adult family home, community based residential facility or nursing home

Glaringly missing from this list is disclosure of murder. This is something that must be disclosed.

What the media failed to point out is that this is state law! There is no gray area.

I would love to hear your thoughts or opinions on this matter