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Minnesota · Stat. §115.55 subd. 6Minnesota septic disclosure: where the sewage goes, in writing, before signing

Before signing an agreement to sell real property, a Minnesota seller must state in writing whether sewage goes to a permitted facility – city sewer – or not (Minn. Stat. §115.55 subd. 6(a)). If not, the disclosure describes the system with the legal description, county and a map, shows any known abandoned system, and states what the seller knows about the system's compliance status and whether a straight-pipe system exists. Any prior inspection report by a licensed inspector must be attached. A seller who knew or should have known and did not disclose is liable for the cost of bringing the system into compliance plus attorney fees, if the buyer sues within two years after closing (subd. 6(c)).

What the seller must give, and when

  1. Before signing

    Statement whether sewage goes to a permitted facility or not (subd. 6(a)).

  2. Septic system

    Description, legal description, county and map; any known abandoned system (subd. 6(b)).

  3. Compliance

    What the seller knows of compliance status and any straight pipe (subd. 6(b)).

  4. Reports

    Attach any prior inspection report by a licensed or certified inspector (subd. 6(b)).

  5. Liability

    Costs to bring the system into compliance and attorney fees; suit within 2 years after closing (subd. 6(c)).

Good to know

  • The parties can agree otherwise in writing before closing (subd. 6(c)).
  • Counties may set local standards for existing systems (subd. 7); check the county's rules on inspections at sale.
  • If the buyer wants a compliance inspection, schedule it inside the inspection period.

What the TC keeps in the file

  • The signed disclosure, dated before the purchase agreement was signed.
  • Proof the buyer – or the buyer's agent – received it.
  • Any report or certificate the statute requires to travel with it.

Questions buyers and sellers ask

Does a Minnesota seller have to disclose the septic system?

Yes, in writing before signing the purchase agreement, including what the seller knows about compliance (Minn. Stat. §115.55 subd. 6).

Who pays if an undisclosed septic system fails in Minnesota?

A seller who knew or had reason to know and did not disclose is liable for compliance costs and attorney fees, if sued within two years.

Must the seller give me old septic inspection reports?

Yes. A prior inspection report in the seller's possession must be attached to the disclosure.

Related guides

Track each Minnesota disclosure as a task with an owner and due date in ClosingCode – due before the purchase agreement – with the signed copy attached to the deal.

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Source: Minnesota Statutes §115.55 (revisor.mn.gov, read October 25, 2026).

General information, not legal advice. ClosingCode is software; it is not a law firm or brokerage.