Do you still have to disclose when you sell as is?

Good to know first: you don't need to do any of this to ask us for a number, and a title company handles the closing paperwork. This page is here if you want the background.

What Minnesota asks you to tell a buyer

The core duty covers material facts you know of that could seriously hurt an ordinary buyer's use and enjoyment of the house, and also any intended use of it you're aware of. If a buyer tells you their plan for the place, that counts. It has to be honest and based on what you know at the time. So you aren't being asked to hire an expert or guess. You're being asked not to hold back.

It reaches any transfer of an interest, including a contract for deed, not only a regular closing. The statute defines covered property as a single-family residence. We couldn't confirm how that treats a duplex, so if yours is one, ask an attorney.

Things you can leave out in Minnesota

• Problems that only an expert, or a look into parts you can't reach, would show, unless you already know about them. Once you know, the duty applies.
• That a suicide or natural death happened there, or a group home is nearby.
• Topics already covered in a qualified third party's written report the buyer received, unless you know something that contradicts it.

Can you and the buyer waive it?

In Minnesota, partly. The written disclosure may be waived if seller and buyer agree in writing. People hear that and think they're done. They aren't: the waiver doesn't shrink any duty created by another law. Those other laws are the separate ones below.

In Wisconsin, it's the buyer's right to give up, not yours. A buyer may waive in writing the right to receive the report. A seller can't announce "as is, no report" and call it settled.

The separate duties that survive a waiver in Minnesota

Lead paint, on both sides of the bridge

For most homes built before 1978, the seller discloses known lead paint and hazards, gives any records, and includes a warning statement before the buyer is bound. The buyer also gets the EPA pamphlet and a 10-day period for a paint inspection or risk assessment, unless you both agree otherwise in writing. The EPA lists narrow exceptions, such as newer homes or homes tested lead-free. With housing this old in the Twin Ports, most sellers should assume it applies and ask.

What happens if you stay quiet?

Minnesota makes a seller who knew and didn't disclose liable to the buyer, with two years after closing to sue under this law. The statute also leaves fraud and negligent misrepresentation claims open. How a court would read the words "as is" in your own contract isn't something we can tell you. That's an attorney question.

If you learn your statement was wrong, you must tell the buyer in writing before closing. Selling to a buyer like us doesn't change any of this.

Who is exempt?

Minnesota exempts some transfers, including court-ordered ones and transfers to heirs or devisees of someone who died, and transfers to close family and between spouses under a divorce decree. A regular sale to a stranger or a cash buyer isn't on the list we read.

That list only covers this one disclosure law. The well law has its own short list: mineral interests and individual condominium units, so an exempt transfer can still carry a well duty. Don't assume the radon, sewage, or meth rules follow the same list either. Ask an attorney.

Wisconsin exempts personal representatives, trustees, conservators, and court-supervised fiduciaries who never occupied the property. A person who inherited the house and lived in it shouldn't assume they're covered by that.

Gather this before you talk to any buyer

• Insurance claim files and adjuster letters from any fire or water loss
• Any radon test you've had, with the date
• Well and septic records, or a note saying you know of none
• Repair invoices and quotes you've received
• Any letter or order from the city or county
• Inspection reports from a sale that fell through
• The year the house was built, for the lead paint question

When you're unsure whether something counts, write it down and ask your attorney. Telling a buyer too much rarely causes the trouble that telling too little can.