Subdivision 1. General. Section 513.55 does not create a duty to disclose the fact that residential property:
(1) is or was occupied by an owner or occupant who is or was suspected to be infected with human immunodeficiency virus or diagnosed with acquired immunodeficiency syndrome;
(2) was the site of a suicide, accidental death, natural death, or perceived paranormal activity; or
(3) is located in a neighborhood containing any adult family home, community-based residential facility, or nursing home.
Subd. 2. Offenders. Section 513.55 does not create a duty to disclose information regarding an offender who is required to register under section 243.166, or about whom notification is made under that section, if the seller, in a timely manner, provides a written notice that information about the predatory offender registry and persons registered with the registry may be obtained by contacting the local law enforcement agency where the property is located or the Department of Corrections.
This section does not create a duty to disclose any facts described in subdivision 1 and this subdivision for property that is not residential real property.
Subd. 3. Inspections. (a) Except as provided in paragraph (b), a seller is not required to disclose information relating to the real property if a written report that discloses the information has been prepared by a qualified third party and provided to the prospective buyer. For purposes of this paragraph, "qualified third party" means a federal, state, or local governmental agency, or any person whom the seller, or prospective buyer, reasonably believes has the expertise necessary to meet the industry standards of practice for the type of inspection or investigation that has been conducted by the third party in order to prepare the written report.
(b) A seller shall disclose to the prospective buyer material facts known by the seller that contradict any information included in a written report under paragraph (a) if a copy of the report is provided to the seller.
(c) The seller has no duty to disclose information regarding airport zoning regulations if the seller, in a timely manner, provides a written notice that a copy of the airport zoning regulations as adopted can be reviewed or obtained at the office of the county recorder where the zoned area is located.
Subd. 4. Effect on common law. The limitation on disclosure in subdivisions 1 and 2 modifies any common law duties with respect to disclosure of material facts.
2002 c 306 s 5; 2004 c 203 art 1 s 6; 2005 c 119 s 2; 2007 c 64 s 2
Structure Minnesota Statutes
Chapters 500 - 515B — Property And Property Interests
Chapter 513 — Agreements Relating To Property
Section 513.01 — No Action On Agreement.
Section 513.03 — Grants Of Trust, When Void.
Section 513.04 — Conveyance Of Interest In Land Except Up To One-year Lease.
Section 513.05 — Leases; Contracts For Sale Of Lands.
Section 513.06 — Specific Performance.
Section 513.07 — Logs; Extension Of Time Of Payment For Labor.
Section 513.075 — Cohabitation; Property And Financial Agreements.
Section 513.076 — Necessity Of Contract.
Section 513.08 — Void When Made To Defraud, Exception.
Section 513.09 — Provision To Revoke, Determine, Or Alter; When Void.
Section 513.10 — Power Of Revocation, When Valid.
Section 513.11 — Premature Conveyance.
Section 513.33 — Credit Agreements.
Section 513.44 — Transfer Or Obligation Voidable As To Present Or Future Creditor.
Section 513.45 — Transfer Or Obligation Voidable As To Present Creditor.
Section 513.46 — When Transfer Is Made Or Obligation Is Incurred.
Section 513.47 — Remedies Of Creditor.
Section 513.48 — Defenses, Liability, And Protection Of Transferee Or Obligee.
Section 513.485 — Governing Law.
Section 513.49 — Application To Series Organization.
Section 513.495 — Relation To Electronic Signatures In Global And National Commerce Act.
Section 513.50 — Supplementary Provisions.
Section 513.53 — Applicability.
Section 513.55 — General Disclosure Requirements.
Section 513.56 — Disclosure Not Required.
Section 513.57 — Liability For Error, Inaccuracy, Or Omission.
Section 513.58 — Amendment To Disclosure.
Section 513.59 — Transfer Not Invalidated.
Section 513.61 — Radon Disclosure Requirements.
Section 513.75 — Liability For Violation.
Section 513.76 — Notice Requirements For Existing Transfer Fee Obligations.