MN · Flood-disclosure law

Does a Minnesota seller have to disclose flooding?

Minnesota requires sellers of residential real property to make a written disclosure of all material facts known to the seller that could adversely and significantly affect an ordinary buyer's use and enjoyment of the property; there is no fixed statutory flood-specific form, but known flooding is a material fact that must be disclosed.

Minnesota at a glance

General disclosure

A general property-condition disclosure captures flooding through a water/drainage or known-defect item, but has no dedicated flood-zone question.

DisclosureRequired

Opt-outYes — caution

Primary-source verified· verified June 16, 2026

Minn. Stat. §§ 513.52 to 513.60 (general disclosure 513.55; liability 513.57; waiver 513.60)

The 4-card answer

Minnesota flood-disclosure, decoded

Whether the seller must disclose, what triggers it, the penalties, and any opt-out gotcha — each card cites its source.

Does the seller have to disclose flooding?

Disclosure required

General disclosure

Minnesota requires sellers of residential real property to make a written disclosure of all material facts known to the seller that could adversely and significantly affect an ordinary buyer's use and enjoyment of the property; there is no fixed statutory flood-specific form, but known flooding is a material fact that must be disclosed.

A general property-condition disclosure captures flooding through a water/drainage or known-defect item, but has no dedicated flood-zone question.

Minn. Stat. §§ 513.52 to 513.60 (general disclosure 513.55; liability 513.57; waiver 513.60)Primary-source verified· verified June 16, 2026

What triggers the duty

Sale or transfer of residential real property (1-4 family dwelling units)
Disclosure made before signing an agreement to sell/transfer
Seller is aware of the material fact
Several statutory exemptions apply (e.g., certain new construction, foreclosure/court-ordered transfers)

Penalties & remedies

No statutory fixed fine. Under Minn. Stat. 513.57, a seller who fails to disclose a known material fact is liable to the buyer for damages and other equitable relief; fraud/negligent-misrepresentation claims under other law are preserved.

Buyer remedy: Civil action for damages and equitable relief under Minn. Stat. 513.57; action must be commenced within two years after closing. Common-law fraud/misrepresentation remedies remain available.

Opt-out gotchas

An opt-out / waiver exists. The written disclosure required under Minn. Stat. 513.52-513.60 may be waived if the seller and prospective buyer agree in writing (Minn. Stat. 513.60). A waiver does not waive, limit, or abridge any disclosure obligation created by other law.

Research note ▾

513.55 text confirmed verbatim from primary source (revisor.mn.gov): written disclosure of all material facts the seller is aware of that could adversely and significantly affect an ordinary buyer's use/enjoyment; good-faith, best-of-knowledge standard. No mandatory flood-specific item in statute, but flooding qualifies as a material fact (the flood-specific item itself is not codified). Waiver (513.60) and 2-year liability/remedy (513.57) confirmed. Statute also permits seller to satisfy disclosure via a qualified third-party inspection report alternative (513.55/513.56).

Buyer's rights

If you're buying in Minnesota

Your rights re-framed from the buyer's side, plus a pre-closing checklist that holds in every state.

What Minnesota law gives you as a buyer

Minnesota requires a seller disclosure (see the answer cards), so you have a statutory document to rely on — and a remedy if the seller knowingly withheld a material flood fact. Civil action for damages and equitable relief under Minn. Stat. 513.57; action must be commenced within two years after closing. Common-law fraud/misrepresentation remedies remain available.

Watch the opt-out: The written disclosure required under Minn. Stat. 513.52-513.60 may be waived if the seller and prospective buyer agree in writing (Minn. Stat. 513.60). A waiver does not waive, limit, or abridge any disclosure obligation created by other law.

Minn. Stat. §§ 513.52 to 513.60 (general disclosure 513.55; liability 513.57; waiver 513.60)

Your pre-closing checklist (works in every state)

Pull a free FEMA flood-zone lookup
Enter the address on FEMA's Flood Map Service Center to see the property's flood-zone designation (Special Flood Hazard Area = Zone A/V). This is public and free, regardless of what the seller discloses.
msc.fema.gov ↗
Request a CLUE / loss-history report
A C.L.U.E. (Comprehensive Loss Underwriting Exchange) report shows insurance claims filed on the property in the last ~7 years, including water and flood claims. The current owner can pull theirs free once a year from LexisNexis.
LexisNexis consumer disclosure ↗
Get an independent inspection — ask about water
Hire your own inspector and specifically flag drainage, grading, sump pumps, and signs of past water intrusion (staining, efflorescence, fresh paint in basements). An inspection contingency protects you if problems surface.
Get a flood-insurance quote before you waive contingencies
Quote NFIP or private flood coverage early. Homeowners' insurance does NOT cover flood damage. A federally backed mortgage on a property in a Special Flood Hazard Area generally requires flood insurance — budget for it.
floodsmart.gov ↗

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Minnesota

Does the seller have to disclose flooding?

Disclosure required

General disclosure

Minnesota requires sellers of residential real property to make a written disclosure of all material facts known to the seller that could adversely and significantly affect an ordinary buyer's use and enjoyment of the property; there is no fixed statutory flood-specific form, but known flooding is a material fact that must be disclosed.

A general property-condition disclosure captures flooding through a water/drainage or known-defect item, but has no dedicated flood-zone question.

Minn. Stat. §§ 513.52 to 513.60 (general disclosure 513.55; liability 513.57; waiver 513.60)Primary-source verified· verified June 16, 2026

What triggers the duty

Sale or transfer of residential real property (1-4 family dwelling units)
Disclosure made before signing an agreement to sell/transfer
Seller is aware of the material fact
Several statutory exemptions apply (e.g., certain new construction, foreclosure/court-ordered transfers)

Penalties & remedies

No statutory fixed fine. Under Minn. Stat. 513.57, a seller who fails to disclose a known material fact is liable to the buyer for damages and other equitable relief; fraud/negligent-misrepresentation claims under other law are preserved.

Buyer remedy: Civil action for damages and equitable relief under Minn. Stat. 513.57; action must be commenced within two years after closing. Common-law fraud/misrepresentation remedies remain available.

Opt-out gotchas

An opt-out / waiver exists. The written disclosure required under Minn. Stat. 513.52-513.60 may be waived if the seller and prospective buyer agree in writing (Minn. Stat. 513.60). A waiver does not waive, limit, or abridge any disclosure obligation created by other law.

Research note ▾

513.55 text confirmed verbatim from primary source (revisor.mn.gov): written disclosure of all material facts the seller is aware of that could adversely and significantly affect an ordinary buyer's use/enjoyment; good-faith, best-of-knowledge standard. No mandatory flood-specific item in statute, but flooding qualifies as a material fact (the flood-specific item itself is not codified). Waiver (513.60) and 2-year liability/remedy (513.57) confirmed. Statute also permits seller to satisfy disclosure via a qualified third-party inspection report alternative (513.55/513.56).

Summary of Minnesota law as of June 2026. Not legal advice.

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