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Practice Of Real EstateState_specificHARD

A Minnesota seller is conveying a rural property that has one active well and one abandoned well that was sealed according to state standards. Under Minn. Stat. § 103I.235, what must the seller do regarding these wells at the time of closing?

Correct Answer

B) File a Well Disclosure Certificate with the county recorder identifying the location and status of both the active well and the sealed abandoned well

Under Minn. Stat. § 103I.235, the seller must disclose the location and status of ALL wells on the property — including active wells, inactive wells, and sealed/abandoned wells — using a Well Disclosure Certificate that is filed with the county recorder at the time of closing. The statute does not exempt sealed or abandoned wells from the disclosure requirement. The Minnesota Department of Health maintains a well database, and accurate disclosure of all well locations and statuses is mandatory regardless of the well's operational status.

Answer Options
A
Disclose only the active well on the Well Disclosure Certificate; sealed abandoned wells are exempt from disclosure
B
File a Well Disclosure Certificate with the county recorder identifying the location and status of both the active well and the sealed abandoned well
C
Provide the buyer with a verbal disclosure of both wells; no written filing is required if the buyer acknowledges the information
D
Disclose only the sealed abandoned well because it poses the greater environmental risk; active wells are presumed known to the buyer

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Related Topics & Key Terms

Key Terms:

well_disclosure_certificateabandoned_wellcounty_recorderclosing_requirementsminnesota_well_law

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