Carlos is selling a rural property in Otter Tail County, Minnesota, that has a private well and a septic system. His listing agent reminds him that in addition to the Seller's Property Disclosure Statement, Minnesota law requires a specific document related to the well to be filed at closing. Which document is required, and where must it be filed?
Correct Answer
B) A Well Disclosure Certificate, filed with the county recorder at closing
Under Minn. Stat. § 103I.235, sellers of real property must disclose the location and status of all wells on the property using a Well Disclosure Certificate. This certificate must be filed with the county recorder at the time of closing. If no wells exist on the property, the deed itself must contain a statement to that effect. The Minnesota Department of Health maintains a well database, but the certificate is filed with the county recorder.
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Flood zone disclosure requires informing buyers whether a property is located in a designated flood zone as mapped by FEMA. Properties in high-risk flood zones may require mandatory flood insurance.
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The Lead-Based Paint Disclosure is a federally mandated disclosure required for all residential properties built before 1978. Sellers and landlords must disclose known lead-based paint hazards and provide the EPA pamphlet "Protect Your Family From Lead in Your Home."
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