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duty to disclose

Easements 101: When You Have to Cross a Neighbor’s Property to Reach the Garage (or House!)

What Does the Home Seller Have to Disclose? [Note to Readers: The views expressed here are solely those of Ross Kaplan, and do not represent Edina Realty, Berkshire Hathaway, or any other entity referenced. If you need legal advice, please consult an attorney.] It comes up rarely enough that even a former attorney (I am) needs...
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What Home Sellers Waiving the Seller’s Disclosure Should Never Ask Their Realtor

TWO Duties to Disclose:  Owner’s . . . and the Agent’s [Editor’s Note:  The views expressed here are solely those of Ross Kaplan, and do not represent Edina Realty, Berkshire Hathaway, or any other entity referenced.  If you need legal advice, please consult an attorney.] At least in Minnesota, it’s permissible for Sellers to tell...
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What Home Sellers Waiving the Seller’s Disclosure Should Never Ask Their Realtor

TWO Duties to Disclose:  Owner’s . . . and the Agent’s [Editor’s Note:  The views expressed here are solely those of Ross Kaplan, and do not represent Edina Realty, Berkshire Hathaway, or any other entity referenced.  If you need legal advice, please consult an attorney.] At least in Minnesota, it’s permissible for Sellers to tell...
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“If You Crack the Door Open a Little Bit . . . You Have to Swing it Wide Open”

Minnesota Home Seller Disclosure Duties — and their Realtor’s(!) Just like good stand-up comedians establish themes that they keep revisiting (see, Jerry Seinfeld; Chris Rock; Louis CK), a good continuing ed speaker repeatedly invokes a mantra for practitioners (Minnesota Realtors like yours truly) to heed. Yesterday’s (much repeated) mantra:  “if you crack the door open a...
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Easements and Home Sales

What Does the Seller Have to Disclose? It comes up rarely enough that even a former attorney (I am) needs a little back stopping from Edina Realty’s legal department. The question:  what kind of easements do home sellers have to disclose to prospective buyers? That is, assuming they’re aware of them. As far as home transactions...
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Lying About Hail Damage

High Likelihood of Getting Busted  It’s NEVER a good idea for a home seller to lie* in their Seller’s Disclosure Statement. But, it’s especially dumb to lie about hail damage sustained just before closing, even if the Buyer manages to miss it during their final walk-thru inspection (in Minnesota, Sellers have an ongoing duty to update...
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