During a listing appointment in Otter Tail County, Minnesota, a seller tells her agent, Marcus, that she is aware of an old abandoned well on the back portion of her 10-acre property but says it has been unused for decades and she does not think it needs to be disclosed. Which of the following best describes Marcus's correct guidance to the seller?
Correct Answer
B) Marcus should advise the seller that all wells on the property, including abandoned ones, must be disclosed on the Well Disclosure Certificate filed at closing.
Under Minn. Stat. § 103I.235, the Well Disclosure Certificate requires disclosure of all wells on the property, including abandoned, unused, or sealed wells. The statute does not limit disclosure to only active wells. Because Minnesota has extensive groundwater resources and old abandoned wells can pose environmental and safety risks, the law broadly requires disclosure of all known wells regardless of their current operational status.
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Related Topics & Key Terms
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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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