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Minnesota · Stat. §103I.235Minnesota well disclosure: a statement before signing, a certificate at closing

Before signing an agreement to sell real property in Minnesota, the seller must give the buyer a written statement either that the seller knows of no wells, or showing each known well with the legal description, county and a map, and whether each well is in use, not in use or sealed (Minn. Stat. §103I.235 subd. 1(a)). At closing a well disclosure certificate signed by the seller carries that information; it can be skipped only if the seller knows of no wells and the deed says so (subd. 1(b), (c)). A seller who knew of a well and did not disclose it is liable for the cost of sealing it and attorney fees, if the buyer sues within six years after closing (subd. 2).

What the seller must give, and when

  1. Before signing

    Statement of no known wells, or each well with location map and status: in use, not in use, sealed (subd. 1(a)).

  2. At closing

    Well disclosure certificate signed by the seller, with the buyer's name and address and each well's location (subd. 1(b)).

  3. No wells

    No certificate if the deed states the seller knows of no wells (subd. 1(c)).

  4. Liability

    Sealing costs and attorney fees; suit within 6 years after closing, unless agreed otherwise in writing (subd. 2).

Good to know

  • Not required for condominium units under chapters 515 and 515B or a sale of only severed mineral interests (subd. 1(e)).
  • On a contract for deed, the buyer signs the certificate when the deed is given (subd. 1(d)).
  • A well not in use has its own rules under chapter 103I; ask the seller and inspector early.

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

Do I need a well disclosure certificate in Minnesota?

Yes if there is a known well; if the seller knows of none, the deed can carry the statement instead (Minn. Stat. §103I.235).

Who pays to seal an undisclosed well in Minnesota?

A seller who knew or had reason to know of the well and did not disclose it is liable for sealing costs and attorney fees, if sued within six years.

Does the well rule apply to condos?

No. Individual condominium units are excluded (subd. 1(e)).

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 §103I.235 (revisor.mn.gov, read October 25, 2026).

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