Well Disclosure When Selling a Home in Minnesota (Minn. Stat. 103I.235)

Selling a home with a well in Minnesota

Short answer: Before signing a purchase agreement, a Minnesota seller must tell the buyer in writing about every well they know of on the property and whether each is in use, not in use or sealed. A well disclosure certificate goes with the deed, and the county recorder charges $54.

Source: Minnesota Statutes 103I.235 (well disclosure) · MDH, Well program fees (Jul 2025). Checked Nov 4, 2026.

The rules for sellers and buyers, from the state law and MDH.

What the seller must do

Before signing a purchase agreement: give the buyer a written statement of the status and location of every known well. Or say there are no known wells.
For each well, say whether it is in use, not in use or sealed, with the legal description, the county and a map showing where it is.
At closing: sign a well disclosure certificate with the same facts, the buyer's name and mailing address, and each well's location by quarter, section, township and range.
No wells? No certificate is needed if the deed includes the statement "The Seller certifies that the Seller does not know of any wells on the described real property."

The certificate and the fee

The county recorder won't record the deed without the no-wells statement or a complete certificate. The recorder collects $54 and sends the certificate to MDH. Title companies and law firms usually file it, often online through MDH's eWell Disclosure system. The form is on MDH's well disclosure page.

If a well isn't disclosed

A missing certificate doesn't cancel the sale. But unless the buyer and seller agree otherwise in writing before closing, a seller who knew or had reason to know about a well and didn't disclose it is liable to the buyer for the cost of sealing it and reasonable attorney fees. The buyer has six years after closing to sue.

Unused wells

Minnesota law says a well that is not in use must be sealed by a licensed contractor, unless the owner holds a maintenance permit ($225 a year). A sale is a common time to deal with it. See sealing an old well.

Washington County

On a sale in Washington County of a property without city water, the seller must also tell the buyer in writing whether, as far as they know, the property is in a special well construction area named by MDH.

For buyers

Ask for the well record. Look up the address in the Minnesota Well Index for its depth and age.
Test the water before closing. See well water testing.
Ask about old wells the seller marked "not in use", and who will pay to seal them.

Sources: Minnesota Statutes 103I.235 (well disclosure) · Minnesota Statutes 103I.236 (Washington County) · MDH, Well disclosure · MDH, Well program fees (Jul 2025) · Minnesota Statutes 103I.208 (fees)

This page is general information, not legal advice. Ask your agent, title company or attorney about your sale.

Questions

Do I have to disclose a well when selling a house in Minnesota?

Yes. Before signing a purchase agreement, the seller must tell the buyer in writing about every well they know of on the property, and whether each is in use, not in use or sealed.

How much is a well disclosure certificate?

$54, collected by the county recorder when the deed is recorded.

What if there are no wells on the property?

The seller can say so, and the deed can include the statement "The Seller certifies that the Seller does not know of any wells on the described real property." Then no certificate is needed.

What happens if a seller doesn't disclose a well?

Unless the parties agree otherwise in writing before closing, a seller who knew or had reason to know about a well and didn't disclose it is liable to the buyer for the cost of sealing it and reasonable attorney fees. The buyer has six years after closing to sue.

Does an unused well have to be sealed before a sale?

State law says a well that is not in use must be sealed by a licensed contractor unless the owner has a maintenance permit, sale or not. Many buyers ask for it as part of the deal.