Minnesota Statute § 513.55 requires every residential seller to give the buyer a written disclosure — usually the Real Property Disclosure Statement, or RPDS — before signing the purchase agreement. You must disclose every material fact you actually know about that could meaningfully affect the buyer's use or enjoyment of the property: water intrusion history, foundation movement, roof condition, lead paint in homes built before 1978, known mold, and similar issues. The statute uses a knowledge-based standard — you're not required to hire inspectors to find problems you don't know about, but you cannot pretend not to know what you actually know.
There's a reason the seller disclosure form is two pages of checkboxes — and a reason most Minneapolis sellers underestimate it. It looks like a quick formality. It is not. The Real Property Disclosure Statement is a written record of what you knew about your home on the day you handed it to the buyer. Two years from now, if a buyer finds something you knew about and didn't disclose, that record is what a court reads.
Most of my sellers want to do the right thing. They just don't always know what counts as material, what they have to dig up, and what they can leave alone. Here's how I walk people through it.
What the Real Property Disclosure Statement actually covers
The standard the statute sets is "material facts of which the seller is aware." That phrase does a lot of work. It means three things at once:
- The fact has to be material — meaningful enough to affect a reasonable buyer's decision or use of the property.
- You have to be aware of it — your actual knowledge, not theoretical knowledge.
- The disclosure is made in good faith, based on the best of your knowledge at the time you sign.
In practice, that captures a wide range of categories:
- Structural and systems history. Roof leaks (active or past), foundation cracks or movement, basement water intrusion, settling, plumbing leaks, sewer line backups, electrical work that wasn't permitted, HVAC repairs and age, water heater age, sump pump function.
- Health and safety items. Lead-based paint in any home built before 1978 (federally required), known asbestos, current or historical mold, radon test results if you have them, prior pest infestations and remediation.
- Wells, septic, and fuel tanks. If your property has any of these, separate disclosures may also apply...
- Site and land conditions. Drainage problems, easements, encroachments, boundary disputes, fill, sinkholes, prior fire or storm damage.
- Legal and zoning items. Open code violations, work done without permits, unrecorded liens, ongoing litigation involving the property, special assessments, HOA fees, and HOA restrictions.
The phrasing of every section invites you to disclose history, not just current conditions. If you had a leak in 2018 and you fixed it, the safer answer is to disclose the leak and the repair.
A specific clarification I get often: the form does not require you to inspect every inch of your home before answering. It does require honesty about what you actually know. If you're not sure — say so.
What you don't have to disclose
Minnesota deliberately carves out a list of things sellers may stay silent about. Under Minn. Stat. § 513.56, none of the following has to be disclosed:
- That a prior occupant of the property had, or was suspected of having, HIV or AIDS
- That a death by suicide, accident, or natural causes occurred on the property
- Perceived paranormal activity
- Certain crimes that occurred on or near the property, subject to specific carve-outs
These are sometimes called "stigmatized property" exclusions. A few other things worth flagging that are often misunderstood: the form does not require you to disclose what your home is "worth," your financial pressure, or offers you've already received.
How the RPDS fits with TISH and a pre-listing inspection
This is where Minneapolis sellers often get tangled, because three different things sound similar:
- The TISH is a Minneapolis city ordinance requirement.
- A pre-listing inspection is the comprehensive 60-page report you can voluntarily commission from a private home inspector.
- The RPDS is the state-required seller's knowledge disclosure.
If a pre-listing inspection turns up something you didn't already know, you now know it — and it belongs on the RPDS.
The real risk of getting this wrong
Minnesota gives buyers two years from closing to bring a claim for failure to disclose a material fact. The honest pattern is that the cost of over-disclosure is, at most, a renegotiation; the cost of under-disclosure has put homeowners back in court two years after they thought they had moved on.
A few practical guardrails I tell my clients:
- If you're not sure whether something rises to "material," disclose it.
- Document your repairs in writing.
- Update the form if anything changes between signing and closing.
- This is one of the places where a real estate attorney is usually worth it on complicated histories.
Frequently Asked Questions
Do I have to disclose a problem I already fixed?
In most cases, yes. Minnesota's standard is "material facts," not "current defects." The conservative answer — disclose the issue and the repair — keeps you on the safe side of the two-year liability window.
What if my spouse or co-owner knew about an issue and I didn't?
If a co-seller knew, the household generally knew for purposes of the disclosure. Sit down and complete the form together.
Can I sell my Minneapolis home "as-is" and skip the RPDS?
No. Selling a home "as-is" affects who pays for repairs after inspection, but it does not waive the seller's disclosure obligation under Minn. Stat. § 513.55.
When does the buyer get the disclosure form?
Before they sign the purchase agreement. In practice, the RPDS is completed and shared with the buyer's agent before offers are written.
What's the difference between TISH and the RPDS?
The TISH is a Minneapolis city ordinance program. The RPDS is a Minnesota state requirement — a written record of what the seller actually knows about the property.
The seller disclosure form is short. The obligation behind it is wide. If you're getting close to listing your Minneapolis home and you want a calm walk-through of the form before you sign anything, I'm happy to sit down with you. Reach out anytime.
This article is general guidance, not legal advice. Minnesota seller disclosure requirements are governed by Minn. Stat. §§ 513.52–513.60 and related case law; consult a Minnesota real estate attorney for advice about your specific property.
