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Britta is selling her lakefront cabin in Minnesota. The property has a natural sand beach and a seasonal dock. The buyer's agent asks whether the seller's disclosure statement must address the status of the well and the septic system. Britta has a private well and a septic system on the property. Which statement is correct under Minnesota law?

Correct Answer

C) Both the well status and the septic system status must be disclosed, and a Well Disclosure Certificate must be filed with the county recorder at closing

Under Minnesota law, both the well and the septic system require specific disclosures. Minn. Stat. § 103I.235 requires that a Well Disclosure Certificate be filed with the county recorder at closing for any property with a well, disclosing the location and status of all wells. Additionally, under Minn. Stat. § 115.55, sellers must disclose the status of any subsurface sewage treatment system (SSTS/septic). There is no seasonal property exemption for either requirement.

Answer Options
A
Only the septic system status must be disclosed; wells on lakefront properties are exempt from disclosure requirements
B
Only the well must be disclosed using a Well Disclosure Certificate; septic system disclosure is optional for seasonal properties
C
Both the well status and the septic system status must be disclosed, and a Well Disclosure Certificate must be filed with the county recorder at closing
D
Neither the well nor the septic system requires separate disclosure because both are covered by the general Seller's Property Disclosure Statement

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Related Topics & Key Terms

Key Terms:

well_disclosure_certificatessts_disclosureseptic_systemlakefront_propertyseller_disclosure

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