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TRUTH IN SALE OF HOUSING

Minneapolis Code of Ordinances tit. 12, ch. 248
in effect

Minneapolis Code of Ordinances § 248.10 Definitions.

248.10. - Definitions. For the purpose of this chapter the following terms shall mean: Amended report: An amended disclosure report filed as a result of a reinspection of the subject dwelling or dwelling unit, conducted by the original evaluator, within the period of time the disclosure report is valid. The re-evaluation does not extend the expiration date of the original evaluation. Available for sale: The implementation of any of the following actions including, but not limited to, advertising the sale of the dwelling, entering into a listing agreement to sell the dwelling or posting a sign that the dwelling is for sale. Certificate of approval: A certificate issued by the city verifying completion of the repairs required by section 248.80. Cross connection: Any connection or arrangement, physical or otherwise, between a potable water supply system and any plumbing fixture, or tank, receptacle, equipment or device through which it may be possible for nonpotable, used, unclean, polluted, or contaminated water or other substance to enter any part of such potable water system under any condition. Design professional: A registered engineer or architect licensed to work in Minnesota. Disclosure report: The written evaluation report, prepared and signed, by a person licensed as a Minneapolis truth-in-sale of housing evaluator pursuant to this chapter on a form in compliance with this chapter. Dwelling: A building or portion of a building which is designed to be occupied for residential purposes but containing not more than two (2) individual dwelling units. Dwelling unit: Any habitable room or group of rooms located within a dwelling and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking and eating. Environmental testing, removal or remediation: Testing, removal or remediation of environmental contamination on residential property by the United States Environmental Protection Agency, the Minnesota Pollution Control Agency or other governmental agency or under the direction of such governmental agency. Environmental testing, removal or remediation disclosure: Disclosure by the owner or representative of the owner as part of a truth-in-housing disclosure report of environmental testing, removal or remediation in a format prescribed by the City of Minneapolis. Evaluation: An inspection of a dwelling or dwelling unit, performed by a licensed evaluator to determine the condition of the structural, electrical and mechanical systems as they relate to chapter 244 of the City of Minneapolis Housing Maintenance Code. Evaluator: A person who holds a current license from the City of Minneapolis to conduct truth-in-sale of housing evaluations. Information page(s): Any information page(s) that the city may require to be attached to the disclosure report or code compliance certificate or orders and provided to the owner and to the buyer. Repair: To restore to a sound, acceptable state of operation, serviceability or appearance. Repairs shall be expected to last approximately as long as would the replacement by new items. Replace or replacement: To remove an existing item or portion of a system and to construct or install a new item of a quality similar to that of the existing item when it was new. Replacement ordinarily takes place when repair of the item is impractical. Required repair/replace item: A condition or defect as defined in section 248.80 of this chapter, that when identified on the disclosure report, must be repaired or replaced, then re-inspected and approved by a City of Minneapolis inspector or evaluator. Time of closing: The time of execution of any document providing for the conveyance of title or possession of a dwelling whether or not absolute title is transferred including but not limited to conveyance by contract for deed. Time of sale: The time when a written purchase agreement is executed by the buyer, or, in the absence of a purchase agreement, prior to the execution of any document providing for the conveyance of title or possession of a dwelling whether or not absolute title is transferred including but not limited to conveyance by contract for deed. (98-Or-057, § 1, 6-26-98; 2002-Or-034, § 1, 5-3-02; 2005-Or-143, § 1, 12-23-05; 2006-Or-113, § 1, 10-20-06)

Minneapolis Code of Ordinances § 248.20 Required acts.

248.20. - Required acts. (a) Any owner or representative of the owner who makes available for sale any single- or two-family dwelling, townhouse, first time condominium conversion that is not condemned requiring a code compliance, by implementing any of the following actions including, but not limited to, advertising the sale of the dwelling, entering into a listing agreement to sell the dwelling or posting a sign that the dwelling is for sale, shall, within three (3) calendar days of any such action, have an evaluation by a licensed evaluator. (1) A disclosure report shall be prepared only by persons licensed as truth-in sale of housing evaluators under section 248.200. (b) Any owner or representative of the owner who makes available for sale any single- or two-family dwelling, townhouse, first time condominium conversion that is condemned requiring a code compliance, by implementing any of the following actions, including, but not limited to, advertising the sale of the dwelling, entering into a listing agreement to sell the dwelling or posting a sign that the dwelling is for sale, shall, within three (3) calendar days of any such action, have a valid certificate of code compliance as set forth in section 89.15 of this Code or a copy of the orders issued as a result of a code compliance inspection. (1) A code compliance certificate or orders of code compliance shall be prepared as directed by the City of Minneapolis building official. (c) All required repair/replace items identified on a truth-in-sale of housing disclosure report must be completed by the buyer within ninety (90) days after the date of closing. The city does not assume any responsibility or liability if the buyer's funds are not sufficient to cover the costs of all required work. If the property is not sold, this section does not require the seller to complete the repairs. If the certificate of approval is not presented at closing, the buyer must sign the acknowledgement of responsibility agreement. (98-Or-057, § 1, 6-26-98; 98-Or-085, § 1, 8-28-98; 2002-Or-034, § 2, 5-3-02; 2005-Or-143, § 2, 12-23-05; 2013-Or-164, § 1, 12-6-13)

Minneapolis Code of Ordinances § 248.30 Seller disclosure required.

248.30. - Seller disclosure required. (a) The truth-in-housing disclosure report, the code compliance orders or certificate of code compliance shall all contain a statement signed by the owner or representative of the owner: (1) As to any damage to the dwelling or its contents by: a. Flooding. b. Sewer backup due to flooding. (2) Any evidence of chronic water seepage of which the owner has experience or knowledge. (3) Age and condition of roof: a. Currently leaking. b. Patched. (4) That the professional opinion referenced in section 248.70 was obtained and will be provided to all prospective purchasers in first time condominium conversion. (5) As to whether there has been environmental testing, removal or remediation as defined in 248.10 (b) Further, no owner or representative of the owner shall sell such dwelling without providing to the buyer a statement of the nature, extent and cause of any water seepage or flooding of any portion of the property within the knowledge of the owner. (c) All such reports and certificates or orders are deemed not valid without the signed statement. (98-Or-057, § 1, 6-26-98; 2005-Or-143, § 3, 12-23-05; 2006-Or-113, § 2, 10-20-06)

Minneapolis Code of Ordinances § 248.40 Availability of documents.

248.40. - Availability of documents. (a) A separate disclosure report, code compliance certificate, or code compliance orders shall be prepared for each dwelling. (1) The disclosure report, certificate or orders shall be available at all times the dwelling is shown. (2) At all times each dwelling or dwelling unit that is for sale shall have a valid disclosure report, or code compliance certificate or orders, conspicuously displayed at the premises. The professional opinion required by section 250.120 for first time condominium conversions must also be displayed. (b) A valid disclosure report, code compliance certificate or code compliance orders issued for the dwelling along with any required information page(s) shall be provided to the buyer before or at the time of sale of the dwelling, and at the time of closing. (98-Or-057, § 1, 6-26-98; 2002-Or-034, § 3, 5-3-02; 2005-Or-143, § 4, 12-23-05)

Minneapolis Code of Ordinances § 248.50 Resale of dwellings.

248.50. - Resale of dwellings. (a) A disclosure report is valid for two (2) years from the date of its issuance. The report is valid only for the owner listed on the report. The certificate of approval, issued to the same owner as listed on the report, shall be valid for the same two-year period. (b) A code compliance certificate is valid for one (1) year from the date of issuance. The certificate is valid only for the owner listed. (c) Code compliance orders are valid for one (1) year from the date of issuance. The orders are valid only for the owner listed. (98-Or-057, § 1, 6-26-98; 2005-Or-143, § 5, 12-23-05)

Minneapolis Code of Ordinances § 248.60 Exceptions.

248.60. - Exceptions. The provisions of this chapter do not apply to: (1) Any newly constructed dwelling when title is transferred to the first owner. a. Any owner, representative of the owner, builder, general contractor or other representative must comply with Minnesota Statutes, Section 327A regarding disclosure information and new home warranties. (2) The sale or transfer of title of any dwelling to a public body. (3) The sale or transfer of title of any dwelling for the purpose of demolition. (4) The sale or conveyance of any dwelling by sheriff or other public or court officer in the performance of their official duties. This exemption does not apply, however, to the sale of a dwelling by a person appointed by a probate court. (98-Or-057, § 1, 6-26-98)

Minneapolis Code of Ordinances § 248.70 Disclosure report.

248.70. - Disclosure report. (a) The city shall prepare or authorize the use of such form or forms as it may deem appropriate to constitute a disclosure under section 248.20 and this section. (b) The disclosure report shall provide information concerning minimum code requirements applicable to existing single- and two-family dwellings, townhouses, first time condominium conversion units which, when not complied with, constitute: (1) A major structural defect. (2) An immediate danger to the health and safety of the occupant. (3) A violation of the minimum housing code. (c) The information shall indicate, with appropriate comments, whether the condition at the time and date of the evaluation: (1) Meets minimum city requirements. (2) Is below minimum city requirements. (3) Is a suggested correction; repair/replace is recommended but not required. (4) Is a required repair/replace item as specified in section 248.80. (5) Is not applicable/does not apply. (d) It shall be assumed that any concealed facilities and installations that are not viewed are adequate, based on the functional operations of the facilities and installations and the condition of the equipment that is viewed. (e) Nothing in the disclosure report shall indicate, or shall be deemed to indicate, that such dwelling meets all minimum housing and building standards. No warranty is expressed or implied. (f) The disclosure report shall also indicate: (1) Whether or not there are housing orders pending regarding the property issued by the department of regulatory services, City of Minneapolis. (2) Whether the property is condemned or not. (3) The dwelling's current zoning status. (4) A discrepancy with city records regarding number of units. (5) Whether the property is conforming or nonconforming. (g) The disclosure report shall include certification that a professional opinion prepared by a professional architect or engineer, licensed in this state, describing the following was available to prospective purchasers in first time condominium conversions: (1) Present condition of all structural components, including the age and condition of the roofing system. (2) Present condition of all common mechanical, electrical, heating, water, gas, plumbing, and fire safety installations located in the building, including systems located in and/or servicing the common areas of first time condominium conversions. (3) A statement regarding the expected useful life of each installation, system, or structure, or facility noted above. (98-Or-057, § 1, 6-26-98; 2005-Or-143, § 6, 12-23-05; 2013-Or-164, § 2, 12-6-13; Ord. No. 2019-008, § 1, 2-15-19)

Minneapolis Code of Ordinances § 248.75 Energy disclosure report.

248.75. - Energy disclosure report. (a) A separate report specific to the dwelling energy efficiency condition shall be generated and disclosed in accordance with section 248.20 and this section. (b) The energy disclosure report shall provide an energy asset rating that includes information on the following structural and mechanical assets: (1) Attic insulation. R-value of insulation, calculated based on industry standards for insulation type and number inches, recorded for each attic area in the home, including square footage of that area. (2) Wall insulation. R-value of insulation, calculated based on industry standards for insulation type and number inches, plus the square footage of exterior walls. For homes built before 1980 insulation levels must be visually verified by drilling and capping a single hole in an exterior wall, or utilizing an existing hole from a previous evaluation. Documentation from a licensed contractor showing installation of wall insulation, or other reasonable forms of proof as determined by the director may also be used as an alternative for compliance for this portion of the report. If other technologies for determining wall insulation R-value are approved by the building official they may also be used. (3) Heating system efficiency. Heating system type, AFUE, venting and age recorded. (4) Window efficiency. Record information on window type, and presence of any single pane windows with no storm windows or broken windows. (c) The energy disclosure report shall prioritize asset investment recommendations based on project cost-effectiveness. (1) Recommendations shall be made if a project is expected to have a simple payback of ten (10) years or less. (2) Recommendations shall be prioritized based on the energy savings potential of the recommended project. (3) Information on the expected cost and savings, based on city approved methodology, of the project shall be included. (d) The energy disclosure report shall outline next steps that can be taken to improve the energy asset rating of the home. (1) Next steps shall be prioritized on the report so it is apparent what action could be taken next. (2) Information on who to contact with questions on next steps and/or the report shall be provided. (e) Home sellers can meet the energy disclosure report requirement if they have had a truth-in-sale of housing evaluation with an energy disclosure report or an energy audit that included an energy asset rating in the last five (5) years. An energy certification recognized by the City of Minneapolis will also qualify. The asset rating and audit report or certification must be disclosed in accordance with section 248.20 and this section. (Ord. No. 2019-008, § 2, 2-15-19)

Minneapolis Code of Ordinances § 248.80 Correction of required repair/replace items.

248.80. - Correction of required repair/replace items. (a) The following items, when discovered by the evaluator by a visual inspection, shall be identified as required repair/replacement items in the disclosure report. (1) Heating systems that are unsafe, requiring certification by a licensed contractor due to burned out or rusted heat exchangers; burned out, rusted, or plugged flues; improper vents. (2) Water heaters that are unsafe, requiring certification by a licensed contractor due to burned out or rusted heat exchangers; burned out, rusted or plugged flues; improper vents; or improper or missing temperature and pressure relief valves or discharge pipe. (3) Electrical systems that are unsafe, requiring certification by a licensed contractor due to dangerous overloading; damaged or deteriorated equipment; improperly tapped or spliced wiring; exposed uninsulated wires; temporary distribution systems; or ungrounded systems. (4) Plumbing systems that are unsafe due to open waste or vent systems, or cross connections of the municipal water supply. (5) Smoke detectors that are improperly located, missing, or inoperable. (6) Lack of required utilities. (7) Gas piping systems that are unsafe due to unapproved, improper, or uncapped lines. (8) Failure to provide or make available to all prospective purchasers in first time condominium conversions the professional opinion on the present condition of all common area components and systems as required by section 248.70. (b) When correcting or certifying the required repair/replace items, the owner or licensed contractor shall obtain all necessary permits and comply with all city ordinances. (98-Or-057, § 1, 6-26-98; 98-Or-085, § 2, 8-28-98; 2002-Or-034, § 4, 5-3-02; 2005-Or-143, § 7, 12-23-05)

Minneapolis Code of Ordinances § 248.100 Condemned properties, code compliance orders or certificate of code compliance.

248.100. - Condemned properties, code compliance orders or certificate of code compliance. (a) No occupancy shall be permitted of any dwelling that is condemned requiring a code compliance until such time that all orders are complied with, inspected, approved and a certificate of code compliance issued. (1) All requirements concerning condemned properties in section 89.15 of this Code must be complied with. (b) When correcting the items from a code compliance inspection, the owner or licensed contractor shall obtain all necessary permits from the city and comply with all city ordinances. (c) Any owner of a condemned property may sell the property "as is" as long as the owner has met the disclosure requirements in sections 248.20, 248.30 and 248.40. (d) After all the code compliance orders have been completed and approved, a certificate of code compliance shall be issued to the owner or owners representative. (98-Or-057, § 1, 6-26-98; 2005-Or-143, § 8, 12-23-05)

Minneapolis Code of Ordinances § 248.110 Issuance of certificate of approval.

248.110. - Issuance of certificate of approval. (a) If after the evaluation the dwelling is found to be in compliance with the requirements of this chapter, or after all required repairs/replacements are completed and approved, a certificate of approval shall be issued to the owner or owner's representative. (1) The certificate shall state the address of the property evaluated, the owner or owner's representative, and the owner or owner's representative address, report number, and issue date, that the structure has been inspected and is in compliance with the requirements of this section. The report shall be signed by the building official or building official's designee. (b) If the city finds that circumstances following the issuance of a certificate of approval involve new violations of repair/replace items a new inspection may be required in order to satisfy the requirements of section 248.80 (c) The certificate of approval shall be valid only with the original truth-in-sale of housing evaluation. (98-Or-057, § 1, 6-26-98; 2002-Or-034, § 6, 5-3-02; 2005-Or-143, § 9, 12-23-05; 2013-Or-164, § 3, 12-6-13)

Minneapolis Code of Ordinances § 248.120 Appeals board.

248.120. - Appeals board. (a) An appeals board shall be established. The board shall consist of the director of regulatory services or the director's designee, the fire marshal or the fire marshal's designee, and the building official or the building official's designee. Two (2) members of the board shall constitute a quorum. The board shall make decisions by a majority vote. The administrative decision of the building official or the building official's designee, which is being appealed, shall be upheld if the panel is deadlocked. (b) The board shall have authority to hear and decide all appeals from: (1) Any applicant or evaluator aggrieved by any administrative decision of the building official, or the building official's designee, in accepting or rejecting any application for examination; in any determination of whether the person is qualified, in any issue related to the testing process; in accepting or rejecting educational credits; or to deny, revoke, suspend or not renew an evaluator's license may make an appeal to the board. (2) Any owner of property or other person directly and personally affected by any of the disclosure report or energy disclosure report may, either personally or through their representative, make an appeal to the board. (c) Any appeal must be by written notice filed with the building official within thirty (30) days of the decision or proposed action being appealed. The notice of appeal shall contain a concise statement of the grounds for the appeal and shall be accompanied by a fee of one hundred dollars ($100.00). The building official shall have the authority to summarily grant the appeal and to waive the appeal fee. If the building official does not summarily grant the appeal, the appeal shall proceed to the board to be heard and acted upon, unless withdrawn. (d) The board shall designate one (1) member to act as chair to preside over meetings. The board shall meet at the call of the chair to hear appeals. The board shall notify the appellant in writing of the time and place of the hearing. The notice shall be issued at least ten (10) days prior to the hearing unless the appellant consents to an earlier scheduling and shall inform the appellant of the right to appear individually or through a representative, the right to call, examine and cross-examine witnesses at the hearing and offer such evidence as may bear on the decision of the board, and that the hearing will be recorded. The notice shall be given to the appellant by mail, addressed to the appellant at the appellant's address shown on the appeal. (e) At the hearing the board shall hear all relevant evidence and argument. The board may admit and give probative effect to evidence, including hearsay evidence, that possesses probative value commonly accepted by reasonably prudent persons in the conduct of their affairs. The board shall record the hearing and keep a record of all evidence submitted. (f) The board shall hear the appeal and render its decision within forty-five (45) days of the filing of the notice of appeal. The board may uphold, modify or overturn the decision being appealed. The decision of the board shall be in writing and shall summarize the reasons for the decision and shall be mailed to the appellant. The board shall make its determination based upon a preponderance of the evidence. (g) The decision of the board shall constitute the final decision of the city. (98-Or-057, § 1, 6-26-98; 2005-Or-143, § 10, 12-23-05; 2013-Or-164, § 4, 12-6-13; Ord. No. 2019-008, § 3, 2-15-19)

Minneapolis Code of Ordinances § 248.170 Denial, revocation, suspension or cancellation of license.

248.170. - Denial, revocation, suspension or cancellation of license. (a) Any evaluator's license issued or proposed to be issued under this chapter may be denied, revoked, suspended, cancelled or not renewed by an administrative decision by the building official, or the building official's designee, if the applicant or evaluator: (1) Is convicted of any crime related to the licensed occupation, pursuant to Minnesota Statutes, Section 364.03, Subd. 2, and has not shown competent evidence of sufficient rehabilitation and present fitness to perform the duties and responsibilities of the licensed occupation, pursuant to Minnesota Statutes, Section 364.03, Subd. 3. (2) In the application process for issuance or renewal of a license knowingly falsifies, conceals, misrepresents or misstates any material fact or matter bearing upon the holder's eligibility or competency. (3) Obtains, attempts to obtain, or assists another in obtaining or attempting to obtain an evaluator's license through fraudulent or other improper means. (4) Fails to provide satisfactory proof of insurance insuring the applicant/evaluator and the city or allows such insurance to laps. (5) Fails to pay the required fees. (6) Fails to promptly file any disclosure report. (7) Has been the subject of substantiated complaints from residents using the applicant's evaluations services. (8) Has demonstrated incompetency or inefficiency in conducting evaluations. (9) Violates any of the provisions of this chapter or any conditions provided for in the license issued pursuant to this chapter. (10) For just cause. (b) If the building official, or the building official's designee, determines that a truth-in-sale of housing evaluator's license should be denied, suspended, revoked, canceled or not renewed under this section, the building official, or the building official's designee, shall send the applicant or evaluator a notice of denial, suspension, revocation, cancellation or nonrenewal. (1) The notice shall state the proposed action to be taken and a summary statement of the reason or reasons that such action is recommended. (2) The notice shall state that the proposed action will become final unless the applicant or evaluator files an appeal pursuant to sections 248.120 and 248.170. (98-Or-057, § 1, 6-26-98; 2002-Or-034, § 10, 5-3-02; 2013-Or-164, § 8, 12-6-13; Ord. No. 2019-008, § 8, 2-15-19)

Minneapolis Code of Ordinances § 248.180 Application fees, requirements and examination.

248.180. - Application fees, requirements and examination. (a) Each person desiring an evaluator license shall file with the city at least ten (10) business days prior to the date of examination, an application to take the required examination and shall pay the nonrefundable sum of one hundred dollars ($100.00) as an application fee. (b) Each application shall contain the following information: name, address, place of current employment, time and place of schools attended and studies completed, together with a chronological record of the candidate's previous employment, with complete information regarding duties and type of work performed. (c) The building official shall set standards regarding requirements to be met before applicants may take the examination. These requirements shall be given to each applicant upon request. (1) Applicants not meeting these requirements will have their application and fee returned. (d) The building official shall determine when and how often the examination shall be offered. (e) The applications are public data under the Minnesota Data Practices Act and available to any person upon request. (98-Or-057, § 1, 6-26-98; 2005-Or-143, § 12, 12-23-05; 2013-Or-164, § 9, 12-6-13)

Minneapolis Code of Ordinances § 248.190 Evaluator license and renewal requirements.

248.190. - Evaluator license and renewal requirements. (a) Each applicant who successfully passes the examination required in section 248.180 and meeting all other licensing requirements shall, upon payment of the nonrefundable sum of one hundred dollars ($100.00) to the city be issued an evaluator license. (1) No license shall be granted to any person less than eighteen (18) years of age. (2) No employee of the city shall be licensed under this chapter. (3) Any person who passes the examination to become a truth-in-sale of housing evaluator has one (1) year from the date of the examination to obtain their license. (4) The applicant will have to reapply and pass another examination if the applicant fails to obtain a license within that one-year period. (b) Each evaluator who is eligible to renew their truth-in-sale of housing evaluator license shall pay the nonrefundable sum of one hundred dollars ($100.00) to the city for renewal of the license. (1) Persons who have not renewed their licenses within one (1) year of the expiration date shall reapply and pass another city examination prior to re-licensing. (2) All licenses under this chapter shall expire on December 31 of each year. (c) All currently licensed evaluators shall obtain a national certification, as determined by the director of inspections, by December 31st of the 2nd year of the effective date of this ordinance in order to renew their license. All new applicants must have this certification before applying to take the evaluator examinations. Each evaluator shall show proof of continuing certification in order to maintain or renew their license. (d) The city may require each evaluator to attend city sponsored training. The city may charge reasonable fees for this training. (98-Or-057, § 1, 6-26-98; 2005-Or-143, § 13, 12-23-05)

Minneapolis Code of Ordinances § 248.200 Duties of evaluators.

248.200. - Duties of evaluators. (a) Each evaluator shall comply with the following: (1) Maintain a current license from the city. (2) Maintain required insurance. (3) Conduct an inspection of the property being offered for sale and conduct all evaluations within the program's guidelines. (4) Meet required continuing education requirements established by the city. (5) Not allow their truth-in-sale of housing evaluator's license to be used by another person. (6) Agree to comply to a code of ethics in performance of evaluation duties. (98-Or-057, § 1, 6-26-98; 2002-Or-034, § 11, 5-3-02)

Minneapolis Code of Ordinances § 248.210 Insurance.

248.210. - Insurance. (a) Each evaluator must provide the city with a certificate of insurance showing proof of the following occurrence-based insurance coverage before receiving a license: (1) General liability insurance with a minimum limit of liability of two hundred fifty thousand dollars ($250,000.00) per occurrence and five hundred thousand dollars ($500,000.00) per year general aggregate. (2) Professional errors and omissions insurance with a minimum limit of liability of two hundred fifty thousand dollars ($250,000.00) per occurrence and five hundred thousand dollars ($500,000.00) per year general aggregate. (3) Such insurance may include a deductible not exceeding five thousand dollars ($5,000.00). (4) The evaluator shall maintain insurance continuously in force thereafter and no license shall be deemed to be in effect when such insurance is not in effect. (5) The insurance shall list the city as an additional insured and shall cover any and all liability from the performance of the duties as a licensed truth-in-sale of housing evaluator. (98-Or-057, § 1, 6-26-98; 2005-Or-143, § 14, 12-23-05)

Minneapolis Code of Ordinances § 248.220 Report filing and filing fees.

248.220. - Report filing and filing fees. (a) Each evaluator shall submit to the city, a true legible copy of each disclosure report within five (5) business days after the evaluation has been made. The copy shall be of the final report as furnished to the seller. The report shall be filed in a medium and format as approved by the building official. A filing fee of twenty-five dollars ($25.00) made payable to the Minneapolis Finance Department shall be required with each disclosure report submitted to the city. (1) Information page(s) required by the city to be attached to the report do not have to be filed with the report as long as the evaluator signs the statement that these pages have been attached and given to the owner or representative of the owner. (b) When the disclosure report is not filed or the required filing fee is not paid within the five (5) business day time limit set forth in this section, a late fee of fifty dollars ($50.00) shall be due along with the filing fee. (c) Failure to comply with the provisions of the timely filing of reports or to pay the required filing fees is just cause to suspend, cancel, revoke or fail to renew the license of a truth-in-sale of housing evaluator. (98-Or-057, § 1, 6-26-98; 2002-Or-034, § 12, 5-3-02; 2005-Or-143, § 15, 12-23-05; 2013-Or-164, § 10, 12-6-13)

Minneapolis Code of Ordinances § 248.225 Acknowledgement of responsibility.

248.225. - Acknowledgement of responsibility. (a) The buyer, buyer's agent, and closer shall be jointly responsible for filing a completed acknowledgement of responsibility form with the building official within one (1) business day after closing. (b) The acknowledgement of responsibility form shall be available from the building official. The form shall require information deemed appropriate by the building official, including: (1) A statement that the buyer is required to complete all repair/replace items on the disclosure report within ninety (90) days after closing. (2) The date(s) of sale and closing. (3) The address of the property. (4) The name(s), residential address(es) and signature(s) of all buyers. (5) The name(s) and address(es) of any representative of a buyer, including real estate agents. (6) The name(s) and address(es) of all seller(s). (7) The name(s) and address(es) of any representative of a seller, including real estate agents. (8) The name(s) and address(es) of the closer(s). (9) The form shall be accompanied by a copy of the disclosure report. (c) An acknowledgement of responsibility form need not be filed if a certificate of approval has been issued to the seller pursuant to section 248.110 prior to closing. (d) Failure to comply with this section shall constitute a violation by the buyer, buyer's agent and the closer. (2002-Or-034, § 13, 5-3-02; 2005-Or-143, § 16, 12-23-05; 2013-Or-164, § 11, 12-6-13)

Minneapolis Code of Ordinances § 248.240 Penalties.

248.240. - Penalties. (a) The failure of any owner, agent of an owner, buyer or any other person to comply with the provisions of this chapter or to comply with an order issued by the city pursuant to this chapter shall be a misdemeanor. (b) The failure of any evaluator to comply with the licensing provisions of this chapter shall be a misdemeanor. (c) The city may also enforce provisions of this chapter by mandamus, injunction, or other appropriate remedy in a court of competent jurisdiction. (98-Or-057, § 1, 6-26-98)

Minneapolis Code of Ordinances § 248.250 Warranty limitations.

248.250. - Warranty limitations. (a) Nothing in the evaluator's report shall guarantee or warrant that a dwelling meets all minimum maintenance, housing, and building standards. (b) Evaluations conducted pursuant to this chapter are made in order to improve the overall housing stock in the city. The report issued by the evaluator is not a guarantee or warranty to any individual buyer, seller, or renter regarding the condition of the individual dwelling, nor is the report intended for the special benefit of any individual. (98-Or-057, § 1, 6-26-98)

Minneapolis Code of Ordinances § 248.260 Effective date.

248.260. - Effective date. This chapter shall be effective for dwellings sold, closed, offered or listed for sale by exhibiting or showing on or after February 1, 2006, remain valid for two (2) years from the date of evaluation and for one (1) owner. (98-Or-057, § 1, 6-26-98; 2002-Or-034, § 14, 5-3-02; 2005-Or-143, § 17, 12-23-05)

Minneapolis Code of Ordinances § 248.270 Severability.

248.270. - Severability. If any section, subsection, sentence, clause, or phrase of this chapter is, for any reason, held to be invalid, such decision shall not affect the validity of the remaining portions of this chapter. The city council hereby declares that it would have adopted the chapter in each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid. (98-Or-057, § 1, 6-26-98)

Minneapolis Code of Ordinances § 248.280 Residency or mailing requirements.

248.280. - Residency or mailing requirements. (a) Any person licensed under this chapter shall cause to keep registered with the city their current residency or business address. If either such residency or business address is outside the sixteen (16) county metropolitan area, as defined in chapter 244.1840, such licensed evaluator shall deliver to the city the name and current address of an agent or other person designated by that evaluator to accept service of process and to receive and give receipt for notices for and on behalf of such licensed evaluator, and such person shall be a resident of and be amenable by signed affidavit to such mailings within the same sixteen (16) county metropolitan area. (b) A post office box is not acceptable as an address. (98-Or-057, § 1, 6-26-98)
Source: City of Minneapolis, Minnesota, Code of Ordinances, City Charter and Park and Recreation Board Code of Ordinances (Municode Library, library.municode.com)URL: https://library.municode.com/mn/minneapolis/codes/code_of_ordinances?nodeId=COOR_TIT12HO_CH248TRSAHOFetched: 11/2/2026

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