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.