What must a home seller disclose in Michigan?

Q: What must a home seller disclose in Michigan?

Michigan codifies its disclosure regime in the Seller Disclosure Act, MCL § 565.951–.966 . 1. The Disclosure Statement — § 565.957 - Required for sales of residential real property containing 1-4 dwelling units . - Form (statutory text) covers: - Appliances/systems condition (range, oven, dishwasher, etc.). - Roof , walls, foundation, basement, insulation , windows. - Plumbing, electrical, heating , water heater, sump pump. - Environmental conditions : USTs, asbestos, radon, lead, contaminated soil, methamphetamine production. - Insurance claims history. - Use of property, zoning issues, easements, boundary disputes. - Must be delivered before the seller signs the binding purchase agreement . 2. Lead-Based Paint - Federal 42 USC § 4852d for pre-1978 dwellings. 3. Late Delivery — § 565.954 - If delivered after purchase agreement signing, buyer may terminate within 72 hours (or 120 hours if mailed). 4. Exemptions — § 565.952 - Court order, foreclosure , transfers between co-owners or spouses, transfers by fiduciaries in estate or trust administration , transfers to/from government, and from one co-tenant to another. 5. Caveat Emptor With Fraud Exception - Outside the Act, Michigan follows caveat emptor; M&D, Inc. v. McConkey , 231 Mich. App. 22 (1998), preserves a silent fraud claim where the seller has a duty to disclose and conceals. 6. "As-Is" Sales - An "as-is" clause shifts the risk of unknown defects but does not bar fraud or statutory liability under the Act ( Lorenzo v. Noel , 206 Mich. App. 682). 7. Statute of Limitations - 6 years for fraud (MCL § 600.5813) — Michigan is unusually long. - 6 years for breach of contract. This is legal information, not legal advice.

Question

Accepted Answer

Michigan codifies its disclosure regime in the Seller Disclosure Act, MCL § 565.951–.966.

1. The Disclosure Statement — § 565.957

Required for sales of residential real property containing 1-4 dwelling units.

Form (statutory text) covers:

- Appliances/systems condition (range, oven, dishwasher, etc.).

- Roof, walls, foundation, basement, insulation, windows.

- Plumbing, electrical, heating, water heater, sump pump.

- Environmental conditions: USTs, asbestos, radon, lead, contaminated soil, methamphetamine production.

- Insurance claims history.

- Use of property, zoning issues, easements, boundary disputes.

Must be delivered before the seller signs the binding purchase agreement.

2. Lead-Based Paint

Federal 42 USC § 4852d for pre-1978 dwellings.

3. Late Delivery — § 565.954

If delivered after purchase agreement signing, buyer may terminate within 72 hours (or 120 hours if mailed).

4. Exemptions — § 565.952

Court order, foreclosure, transfers between co-owners or spouses, transfers by fiduciaries in estate or trust administration, transfers to/from government, and from one co-tenant to another.

5. Caveat Emptor With Fraud Exception

Outside the Act, Michigan follows caveat emptor; M&D, Inc. v. McConkey, 231 Mich. App. 22 (1998), preserves a silent fraud claim where the seller has a duty to disclose and conceals.

6. "As-Is" Sales

An "as-is" clause shifts the risk of unknown defects but does not bar fraud or statutory liability under the Act (Lorenzo v. Noel, 206 Mich. App. 682).

7. Statute of Limitations

6 years for fraud (MCL § 600.5813) — Michigan is unusually long.

6 years for breach of contract.

This is legal information, not legal advice.