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M.S.B,A. Real Property Form No. 15 (2004) PAGE 1 of 2
<br />CONDITION OF THE PROPERTY
<br />CONDITION OF THE PROPERTY.
<br />© Copyright 1995 -2004 by Minnesota State Bar Association, Minneapolis, Minnesota. Intended for use with "Minnesota Standard Residential
<br />Purchase Agreement;' M.S.B,A. Real Property Form No. 1. (2004 version or later), BEFORE YOU USE OR SIGN THIS FORM, YOU SHOULD
<br />CONSULT WITH A LAWYER TO DETERMINE THAT THE RIGHTS, OBLIGATIONS, AND CONSEQUENCES INVOLVED IN THE USE OF THIS
<br />FORM ADEQUATELY PROTECTS YOUR LEGAL. RIGHTS. Minnesota State Bar Association disclaims any liability arising out of use of this form.
<br />This document, dated January 6, 2005
<br />[street address] 594 E. County Road 82
<br />concerns the real property located at:
<br />and legally described as:
<br />The West 90 feel of the East 190 feet of North 289.6 feet of Block 8, Riley's Gervais Lake Addition
<br />DISCLOSURE STATUTES.
<br />Section 513.52 Definitions.
<br />Subdivision 1. Scope. For purposes of sections 513.52 to 513.60, the
<br />terns defined in this section have the meanings given them.
<br />Subd 2. Prospective buyer. 'Prospective buyer" moos h person
<br />negotiating or offering to acquire Orr value legal or equitable title, or the
<br />right to acquire legal or equitable title. to residential real properly.
<br />Subd. 3. Real estate licensee, "heal cstatc licensee" means 0 person
<br />licensed under chapter 82.
<br />Subd. 4. Residential real property or residential real esto lc.
<br />"Residential real property" or "residential real estate" means property
<br />00011pi001 a s or intended to be occupied as, a single- family residence,
<br />including n unit in a common interest community as defined in section
<br />5,50.1 -103, clause (10), regardless of whether the unit Is in a common
<br />interest community not subject to chapter 5150,
<br />Subd, 5. Seller. "Seller" means a person who owns legal or equitable
<br />title to residential reel property.
<br />Section 513.53 Applicability. The seller disclosure requirements in
<br />section 513.52 to 513.60 apply to the transfer orally interest in residential
<br />real esmm, whether by sale, exchange, decd, contract for deed, (case with
<br />an option to purchase, or any other option.
<br />Section 513.54 Excepti0 ns. The seller disclosure requirements in sections
<br />513.52 to 513.60 do not apply tunny of the following: (1) real property that
<br />is not residential real properly; (2) a gratuitous transfer; (3) a transfer
<br />pursuant to a court order; (4) a lrnnsfer to a government or governmental
<br />agency; (5) a trans for by foreclosure or deed in lieu of foreclosure; (6) a
<br />transfer to heirs or devisees ol'a decedent; (7) a transfer from a cotenant to
<br />one or morn other cotenants; (8) a transfer made to o spouse, parent,
<br />grandparent. child, or grandchild of the seller; (9) a transfer between
<br />spouses resulting from a decree of marriage dissolution or from a properly
<br />settlement agreement incidental to that decree; (10) 0 transfer of newly
<br />constructed residential property that has not been inhabited; (1Ilan option
<br />to porclasc a unit in a common interest community, until exercised; (12) a
<br />transfer to 0 person who controls or is controlled by the grantor as those
<br />terms are defined with respect ton dcwloronl under section 5158.1.103,
<br />clause (2); (13) a transfer to 0 tenant who is in possession of the residential
<br />real property; or (14) 0 transfer f special declarant rights under section
<br />51503 -104.
<br />Section 513.55 General disclosure requirements.
<br />Subdivision 1. Contents. (a) Before signing an agreement ro.scii nr
<br />transfer residential real property, the .seller .shall make a written
<br />disclosure to the prospective buyer. The disclosure must include all
<br />material facts of which the seller is aware that cold adversely and
<br />significantly affect: (I) ail ordinary buyer's use and enjoyment of the
<br />prnporty; or (2) any intended use of the property of which the seller is
<br />aware. (b) The disclosure must be monde in good faith and based upon
<br />the best of the seller's knowledge at the time of the disclosure.
<br />Subd 2. Disclosure to licensee. A seller may provide the written
<br />disclosure required under sections 513.52 to 513.60 to 0 real estate licensee
<br />representing or assisting the prospective buyer. The written disclosure
<br />provided to the real estate licehseereprese Ling or assisting the prospective
<br />buyer is considered to have been provided to the prospective buyer. I f the
<br />written disclosure is provided to the reel estate licensee representing or
<br />sistinh the prospective buyer, the real estate licensee shall provide a copy
<br />to the prospective buyer
<br />Sec11on513.56 Disclosurenotrequired. Subdivision I. General. Section
<br />513.55 does not create n day 10 disclose the (list that residential property:
<br />(1) is or was occupied by an owner or occupant who is or was snepoeed 10
<br />be iofecmd with human mimmunodeficiency virus or diagnosed with
<br />acquired immunodeficiency syndrome; (2) was the site or a s r tide,
<br />nl
<br />ucmdeal death, natural dealt 00 perceived paranormal activity; or (3) is
<br />located in n ndyhbuthood eonm,ning any adult (iunity home, community-
<br />based radcmial moony. or 11111'011g hoaoe. - 2 1
<br />Subd. 2. Offenders. Section 513.55 does not creole a duly to disclose
<br />information regarding an offender who is required to register under section
<br />243.166, or about whom notification is made under That section, iF the
<br />seller, In a timely manner, provides a written notice that information about
<br />the predatoryoffender registry and persons registered with the registry may
<br />be obtained by contacting the local law enforcement agency where the
<br />property is located or the department of corrections. This section does not
<br />crease n duty to disclose any facts described in subdivision 1 and this
<br />subdivision for property That is nut residential real property.
<br />Subd. 3. Inspections. (a)IExcept as provided in paragraph (b), o seller
<br />is not required to disclose information relating to the physical condition o f
<br />the real property ifa written repon that discloses the information has been
<br />prepared by 0 qualified third party and provided to the prospective buyer.
<br />For purposes of this paragraph, "qualified third party" means a federal,
<br />state, or local governmental agency, or any person whom the seller, or
<br />prospective buyer, reasonably believes has the expertise necessary to tricot
<br />the industry standards of practice for the type of inspection or investigation
<br />that has been conducted by the third party in order to prepare the written
<br />report. OR A seller 00,011 disclose to the prospective buyer material facts
<br />known by the seller that contradict any information included in a written
<br />report under paragraph (n) ifa copy oldie report 9 provided to the seller.
<br />Section 5(3.57 Liability for error, inaccuracy, or nniasinn,
<br />Subdivision I. No liability_ Unless the prospective buyer and seller
<br />agree to the contrary in writing, a seller is not liable for hey error,
<br />inaccuracy. or missionofery dnfonaliondelivered under sections 513.52
<br />to 513.6(1 if the error, inaccuracy, or omission was not within the personal
<br />knowledge of the seller, or Was based entirely on information provided by
<br />outer persons as specified in section 513.56, subdivision 3, and ordinary
<br />care was exercised in transmitting the infomation. 11 is not 0 violation of
<br />sections 513.52 to 513.60 if the seller fails to disclose information that
<br />could be obtained only Through inspection or observation of inaccessible
<br />portions of One real estate or could be discovered only by a person with
<br />expertise in n science or trade beyond rho knowledge of the seller.
<br />Subd. 2. Liability. A seller who fails to make a disclosure as required
<br />by sections 513.52 to 513.60 and was aware of the CC/WHIR/II of the real
<br />properly is liable to The prospective buyer. A person injured by a violation
<br />of this section may bring a civil action and recover damages and receive
<br />other equitable relief as determined by the court. An action under this
<br />subdivision must be commenced within two years after the dale on which
<br />One prospective buyer closed the purchase or lranslbr of the real properly.
<br />Subd. 3. Other ac(ious. Nothing In sections 513.52 to 513.60
<br />',moieties liability for an action based on fraud, negligent
<br />misrepresentation, or other actions allowed by law,
<br />Section 513.58 Amendment to disclosure.
<br />Subdivision 1. Nonce. A seller east notify the prospective buyer in
<br />writing as soon 00 reasonably possible, but in any event before closing, if
<br />the seller teams that the settees disclosure required by section 513.55 was
<br />inaccurate.
<br />Solid. 2. Failure to notify; liability. A seller who fails to notify the
<br />prospective buyer of any amendments to the initial disclosure required
<br />under subdivision I Is liable to the prospeelivcbuyer as provided in section
<br />513.57.
<br />Section 513.59 Transfer not invalidated. A transfer subject to sections
<br />513.52 to 513.60 is not invalidated solely because of the Failure of env
<br />person to comply with a provision of those scebons. This section does not
<br />prevent 0 court from ordering 0 000005510n Oflhe transfer.
<br />Section 513.60 Waiver. The written disclosure required under scclioas
<br />513.52 to 513.60 may be waived if the seller 0nd the prospective buyer
<br />agree in writing. Waiver of the disc la.eure required under sections
<br />511.52 1e 513.60 does not waive. limit, Or abridge nay Obligation for
<br />seller disclosure created by any °liter law.
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