Seller   Agent
Seller Disclosure    Yes    Yes
Seller-provided Inspection    Yes    Yes
Seller’s Disclosure Alternatives     No    Yes


“Things should be made as simple as possible — but not simpler.”


You know something’s complicated when it literally requires a table (above) to keep track of everything.

So it is with the disclosure obligations of Minnesota home sellers — and their agents.

In plain English — or as plain as I can make it — sellers have a duty to disclose what they know about the home they’re selling, unless they and their Buyer agree to waive the Seller’s Disclosure (in a document known as the “Seller’s Disclosure Alternatives”).

Meanwhile, listing agents (representing Sellers) have their own, independent duty to disclose anything they know about the home.

Ironically, that duty applies even when the Seller has no such duty — the case when the Buyer and Seller agree to waive the Seller’s Disclosure.

Got all that??

About the author

Ross Kaplan has 19+ years experience selling real estate all over the Twin Cities. He is also a 12-time consecutive "Super Real Estate Agent," as determined by Mpls. - St. Paul Magazine and Twin Cities Business Magazine. Prior to becoming a Realtor, Ross was an attorney (corporate law), CPA, and entrepreneur. He holds an economics degree from Stanford.

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