Create a source-backed fact sheet for the exact condo and follow the applicable seller disclosure process separately. Distinguish observed conditions from technical diagnoses, confirm rights through documents and resolve conflicting records before making definite claims. Raise new information promptly with the sale team so required corrections and notices can be handled.
Key takeaways
- Marketing descriptions and required disclosures serve different purposes.
- A photograph cannot establish parking, storage or waterfront rights.
- Keep a dated record when facts or disclosures change.
In this guide
- Separate a marketing claim from a disclosure obligation
- Give each important property fact a source and a confidence level
- What if you learn something new after providing disclosures?
- Check property-specific requirements instead of using one universal form
- What should you do when the records disagree?
- Match the legal unit with Washington County records
- Give Richard McDonough a fact sheet he can question
Separate a marketing claim from a disclosure obligation
Minnesota’s general disclosure statute addresses written disclosure of known material facts that could adversely and significantly affect use and enjoyment in the circumstances it describes. Your marketing fact sheet serves a different purpose: it gives the listing team verified details to describe the property accurately. Have the applicable disclosure requirements and any exceptions checked for your transaction.
Use two connected records
One record tracks the description: rooms, area, parking, storage, improvements and included items. The other follows the required disclosure process for known conditions and relevant information. A polished listing description does not replace disclosure, and supplying a disclosure form does not excuse an inaccurate advertising claim.
If a condition affects both records, update both through the sale team. For example, a newly discovered problem with a feature advertised as recently repaired may require a correction to the description as well as attention to the disclosure file. Keep the dates and evidence together.
The paperwork hub shows where these unit facts sit beside the association packet and recorded property documents.
Give each important property fact a source and a confidence level
| Claim | Preferred supporting record | If the evidence conflicts |
|---|---|---|
| Parking space included | Applicable recorded documents and association confirmation | Resolve rights before promising transfer |
| Interior area | Reliable measurement or clearly identified record | Record methods and ask which figure should be used |
| Recent improvement | Invoice, scope, date and required approvals | Describe only work that can be supported |
| Storage available | Unit-specific rights and current arrangement | Distinguish ownership, assignment and informal use |
| View from the unit | Current photographs from named positions | Label common-area or neighborhood views separately |
An observation is different from a diagnosis
“A stain appeared on the ceiling after heavy rain in May” describes an observation. “The roof needs replacement” is a technical conclusion that requires appropriate support. Preserve what you observed, the dates, any investigation and the work completed. Do not turn uncertainty into a reassuring diagnosis or an unsupported worst-case conclusion.
The same care applies to repairs. An invoice for repainting proves that painting was performed if the record is reliable. It does not establish that the cause of an earlier moisture problem was identified and corrected. Collect the records that address the cause when they exist.
What if you learn something new after providing disclosures?
Under Minnesota section 513.58, a seller who learns the required disclosure was inaccurate must notify the prospective buyer in writing as soon as reasonably possible and before closing. Ask your transaction adviser how to handle the actual information and delivery. Do not wait for the next routine marketing review to raise it.
| New information | Immediate organizational step | Question for the sale team |
|---|---|---|
| New leak or damage | Record the observation and obtain appropriate help | What disclosure or contractual update is needed? |
| Corrected association notice | Keep both versions with dates | Who needs the replacement and when? |
| Missing approval discovered | Collect the work history and available records | What verification or resolution is required? |
| Listing fact proves incorrect | Identify every place the claim appears | How will corrections be published and communicated? |
Keep a record of what was sent, to whom and when. A telephone conversation may help explain the issue, but it is not a reason to skip a required written process. Let the professionals responsible for the transaction establish what the documentation must contain.
Check property-specific requirements instead of using one universal form
For most housing built before 1978, the EPA describes federal lead-based-paint disclosure requirements. Applicability and exceptions matter. The building’s actual history is the starting point, not an assumption based on how recently the interior was renovated.
Keep the condo and association information connected
A seller may know the interior well while the association holds records about shared components. Use the resale document inventory to locate those records. If a question concerns an exterior wall, common pipe or shared system, identify the authorized responder instead of guessing on the association’s behalf.
Before approving the listing, perform a final claim check. Read each statement as a buyer would: does “private” describe a documented right, does “new” have a date, and does “included” match the agreement? Replace broad adjectives with facts where the evidence is narrower.
This work also improves the photography brief. A picture can support a description of what is visible, while the documents establish rights and obligations the picture cannot show.
What should you do when the records disagree?
Keep the conflicting records and identify the exact difference. For example, a portal may describe one parking space while an old listing describes two. Neither description should be adopted solely because it is convenient. Obtain the unit-specific documents and an authorized explanation of the rights involved.
Resolve the highest-consequence conflict first
A disagreement about an included parking right can affect price and the buyer’s decision. A minor variation in descriptive wording may be easier to correct. Prioritize the conflicts that change rights, costs, condition or use, then check that the final marketing and transaction records use the resolved information consistently.
Record who confirmed the answer and the supporting document. If the issue remains unresolved, ask the sale team how it must be described and addressed. Avoid using a definite statement in the listing while treating the same fact as uncertain in the private file.
The completed sheet should make it possible for someone else to trace a claim back to its source. That is more durable than relying on the seller’s memory of a conversation several months earlier.
Match the legal unit with Washington County records
Washington County’s Recorder provides access to recorded real estate documents through its research room and RecordEASE service. Start with your deed and property identifier, then ask the title company to resolve any mismatch with the listing address, garage or storage description. The tax record and the recorded ownership documents have different purposes, so retain the relevant source for each entry in the fact sheet.
Give Richard McDonough a fact sheet he can question
The public Terra Springs B01 record identifies Richard McDonough as the seller’s representative for a specific unit. That specificity is the standard to carry into your own listing: exact address, exact layout and supportable features.
Use his local listing record to open a conversation about how facts are verified before marketing goes live. Ask which items he will check, which require association confirmation and which need another professional. A clear unresolved-items list is more useful than a polished description built on assumptions.
Prepared as general seller education. Confirm property facts and transaction requirements with the relevant professionals. Read our source and editorial approach.
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