A buyer's agent, Priya, is representing clients purchasing a lakefront property in Crow Wing County, Minnesota. The seller's agent confirms there are two wells on the property — one active and one sealed. At closing, the seller submits a Well Disclosure Certificate listing only the active well. Which of the following best describes the legal status of this closing?
Correct Answer
A) The closing is deficient because the Well Disclosure Certificate must identify all wells on the property, including sealed or abandoned wells.
Under Minn. Stat. § 103I.235, the Well Disclosure Certificate must disclose all wells on the property, including sealed and abandoned wells. A certificate that lists only the active well and omits the sealed well is incomplete and legally deficient. Both wells must be identified on the certificate filed with the county recorder at closing.
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Related Topics & Key Terms
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Related Concepts
A seller's disclosure statement is a form that sellers complete to inform buyers about the condition and history of the property, including known defects, past repairs, insurance claims, and environmental issues.
Many states and localities have fair housing laws that expand upon the protections offered by the federal Fair Housing Act.
A stigmatized property is one that has an undesirable reputation due to events that occurred on the property or nearby, such as a murder, suicide, alleged haunting, or proximity to a registered sex offender. The stigma is psychological, not physical.
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