Did you know that as a seller, you must disclose what

 are called “material facts”?


Any piece of information that could alter a buyer’s

decision to buy is a loose definition of a material fact.

Here are some examples:

• A basement that leaks.

• A roof that allows water into the house.

• A furnace that has a cracked heater core.

• A person who was shot and killed in the house.

• Existence of lead in the paint on a house built

prior to 1978.

• Knowledge that the road in front of the house will

be widened to within ten feet of the house.

• The Homeowners Association or local

municipality has levied a special assessment on

the property.

• Your neighbor’s fence in on your property by five

feet (or vice versa).


In MN, sellers must complete a document called a

Seller’s Property Disclosure Statement, in which

everything the seller knows about the condition of the

house must be disclosed. By law and according to our

Realtor Code of Ethics, agents must also disclose what

we know, even if a seller asks us to hide something.

Concealing material facts from buyers may very well

end up as a lawsuit and cost a seller many thousands

of dollars.


There is no such thing as Buyer Beware anymore, thank

goodness. When in doubt, disclose. Be transparent, and

when you are unsure, consult your Realtor.