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Under Minnesota law, if a property being sold has no wells on it, what must the seller do to satisfy the well disclosure requirement under Minn. Stat. § 103I.235?

Correct Answer

A) Include a statement in the deed itself certifying that there are no wells on the property

Under Minn. Stat. § 103I.235, if no wells exist on the property, the seller satisfies the well disclosure requirement by including a statement to that effect directly in the deed. This is a specific and important distinction — rather than filing a separate Well Disclosure Certificate, the no-wells certification is incorporated into the deed itself.

Answer Options
A
Include a statement in the deed itself certifying that there are no wells on the property
B
Provide a signed affidavit to the buyer stating there are no wells, to be retained in the buyer's files
C
No action is required because the well disclosure requirement only applies to properties that have existing wells
D
File a separate Well Disclosure Certificate stating 'no wells present' with the county recorder at closing

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Related Topics & Key Terms

Key Terms:

well_disclosure_certificateno_wellsdeed_statementminn_stat_103iclosing_requirement

Related Concepts

Environmental hazards disclosure involves informing buyers about environmental contamination or hazards affecting or potentially affecting a property, including underground storage tanks, contaminated soil, hazardous waste, and proximity to Superfund sites.

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.

HOA disclosure requires informing buyers about the existence, rules, fees, financial health, and restrictions of a homeowners association governing the property. This information helps buyers understand their obligations before purchase.

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