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Ely
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 100044
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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I have 4 acres of vacnt land I wish to sell. I want to sell

Customer Question

I have 4 acres of vacnt land I wish to sell. I want to sell it as is. A potential buyer has hired a real estate company who has sent me a discloser form with many questions about the land some of which I can't answer. I'm in Minnesota. What is my legal obligation to the buyer concerning an "as is" sale?
Thanks
Russ
Submitted: 1 year ago.
Category: Real Estate Law
Customer: replied 1 year ago.
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Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note:This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am going to assume this property is residential. If it is not, reply and let me know.

Ordinarily, the seller must fill out a disclosure form seen HERE or one akin to it before the buyer and seller enter into a binding contract. However, the seller can ask the buyer to sign a waiver under MN Sec. 513.60. If the buyer is willing to do so, then they in effect waive their rights to the disclosure.

However, the buyer can demand this. If so, then unless the sales contract has already been signed, the seller can say "either sign the disclosure or we have no sale." If the buyer continues the demand, the seller can simply choose to walk away. However, the seller cannot force the buyer to purchase the property without the disclosure unless the buyer agrees to waive it in writing (regardless if the property was advertised "as is").

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Expert:  Ely replied 1 year ago.

Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question. I am simply touching base. Let me know. Thanks!

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