Minnesota · StatutesMinnesota real estate closing laws: a checklist for transaction coordinators
Minnesota front-loads its disclosures: most are due before the buyer signs the purchase agreement. In the order a transaction meets them: the seller discloses in writing the material facts the seller knows that could adversely and significantly affect the buyer's use or enjoyment of the property, with exceptions and a two-year limit on claims (§§513.52–513.60). The radon disclosure covers known tests, records, levels and any mitigation system, with the Department of Health publication and warning statement (§144.496). The well disclosure states every known well and its status, and a well disclosure certificate or deed statement is due at closing (§103I.235). The septic disclosure states where the sewage goes, describes and maps any system and its known compliance status (§115.55). At recording, the deed tax is 0.0033 of the net consideration above $3,000 (§287.21). After a death, a transfer on death deed recorded before death passes the home to the beneficiaries, who record a county clearance certificate and an affidavit of survivorship to clear title (§507.071). For rentals, the seller has 60 days to transfer each deposit with interest to the buyer and notify the tenant, or refund it (§504B.178).
Before the purchase agreement
1. Seller disclosure (§§513.52–513.60)
Known material facts in writing; two-year limit on claims.
2. Radon (§144.496)
Tests, levels, mitigation, MDH publication and warning.
3. Well (§103I.235)
Every known well and status; certificate at closing.
4. Septic (§115.55)
Where sewage goes; system map; known compliance.
Closing and after
Deed tax (§287.21)
0.0033 of net consideration above $3,000.
Transfer on death deed (§507.071)
Clearance certificate and affidavit of survivorship to sell.
Rentals (§504B.178)
Deposits transferred within 60 days with tenant notice.
Questions about Minnesota closings
When must Minnesota seller disclosures be given?
Before the buyer signs the purchase agreement – the seller disclosure, radon, well and septic disclosures (Minnesota Statutes §§513.55, 144.496, 103I.235, 115.55).
How much is the Minnesota deed tax?
0.0033 of the net consideration above $3,000, or $1.65 when there's no consideration or it's $3,000 or less (§287.21).
What happens to tenant deposits when a Minnesota rental is sold?
Within 60 days the seller transfers them with interest to the buyer and notifies the tenant, or refunds them (§504B.178, subd. 5).
The Minnesota guides
ClosingCode adds Minnesota's well, septic and radon disclosures to each Minnesota deal, alongside the seller disclosure.
Start free trialSources: Minnesota Statutes §§103I.235, 115.55, 144.496, 287.21, 504B.178, 507.071 and 513.52–513.60 (revisor.mn.gov, read for the linked guides).
General information, not legal advice. Each point links to the guide with the details. ClosingCode is software; it is not a law firm or title company. This guide is not a substitute for the advice or services of an attorney.