455 questions

Minnesota Real Estate Practice

Which sale is exempt from Minnesota's seller disclosure requirement?

  • a.A 1920s bungalow sold by its long-time owner
  • b.A brand-new house that has never been lived in✓
  • c.A townhome unit in a common interest community
  • d.A lake cabin sold on a contract for deed

The exceptions include a transfer of newly constructed residential property that has not been inhabited, along with gratuitous transfers, court-ordered transfers, foreclosures and deeds in lieu, transfers to a spouse, parent, grandparent, child or grandchild, and transfers to a tenant already in possession. Cite: Minn. Stat. 513.54.

Minnesota Real Estate Practice

How long does a Minnesota buyer have to sue a seller for failing to make the required seller's disclosure?

  • a.Six years after the purchase closed
  • b.Two years after the defect is discovered
  • c.Two years after the purchase closed✓
  • d.Four years after the agreement was signed

An action for failure to disclose must be commenced within two years after the date the prospective buyer closed the purchase or transfer. The clock runs from closing, not from discovery. A separate claim for fraud or negligent misrepresentation is not barred by these sections. Cite: Minn. Stat. 513.57, subds. 2 and 3.

Minnesota Real Estate Practice

Before signing an agreement to sell Minnesota real property, the seller must disclose in writing what?

  • a.The status and location of all known wells✓
  • b.The name of the buyer's title insurance agent
  • c.The property's assessed value for the past five years
  • d.Every utility easement recorded against the parcel

The seller must deliver either a statement that the seller knows of no wells, or a disclosure giving the legal description and county and a map showing each well, marking each as in use, not in use, or sealed. At closing a well disclosure certificate is signed, and the county recorder will not accept the deed without that certificate or the statutory no-wells certification on the deed. Cite: Minn. Stat. 103I.235, subd. 1.

Minnesota Real Estate Practice

Minnesota's state deed tax on a home sale with net consideration above $3,000 is computed at what rate?

  • a..0023
  • b..0033✓
  • c..0043
  • d..0010

When the consideration, exclusive of any lien or encumbrance remaining at the time of sale, exceeds $3,000, the deed tax is .0033 of the net consideration. When it is $3,000 or less, and for mergers, consolidations and designated transfers, the tax is a flat $1.65. The tax is due when the taxable deed is presented for recording. Cite: Minn. Stat. 287.21, subd. 1.

Minnesota Real Estate Practice

Which characteristic is protected in Minnesota housing under the Human Rights Act but is not a protected class under the federal Fair Housing Act?

  • a.Familial status, such as children in the home
  • b.National origin of the applicant
  • c.Disability, including mental impairment
  • d.Status with regard to public assistance✓

For real property the Minnesota Human Rights Act covers race, color, creed, religion, national origin, sex, gender identity, marital status, status with regard to public assistance, disability, sexual orientation and familial status. Creed, marital status, status with regard to public assistance, sexual orientation and gender identity go beyond the federal list; age is not among the housing classes. Since 2026 a failure to engage in the process of determining whether a reasonable accommodation exists for a person with a disability may itself be an unfair discriminatory practice. Cite: Minn. Stat. 363A.09; 363A.02, subd. 1, as amended by Laws 2026, ch. 99, s. 1.

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