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Michigan Legislature
Michigan Compiled Laws Complete Through PA 140 of 2017
House: Adjourned until Tuesday, November 28, 2017 1:30:00 PM
Senate: Adjourned until Tuesday, November 28, 2017 10:00:00 AM

Michigan Legislature

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Section 565.957

SELLER DISCLOSURE ACT (EXCERPT)
Act 92 of 1993


565.957 Disclosure; form.

Sec. 7.

(1) The disclosures required by this act shall be made on the following form:

SELLER'S DISCLOSURE STATEMENT
Property Address: __________________________________________
Street
_________________________________ Michigan
City, Village, or Township

Purpose of Statement: This statement is a disclosure of the condition of the property in compliance with the seller disclosure act. This statement is a disclosure of the condition and information concerning the property, known by the seller. Unless otherwise advised, the seller does not possess any expertise in construction, architecture, engineering, or any other specific area related to the construction or condition of the improvements on the property or the land. Also, unless otherwise advised, the seller has not conducted any inspection of generally inaccessible areas such as the foundation or roof. This statement is not a warranty of any kind by the seller or by any agent representing the seller in this transaction, and is not a substitute for any inspections or warranties the buyer may wish to obtain.

Seller's Disclosure: The seller discloses the following information with the knowledge that even though this is not a warranty, the seller specifically makes the following representations based on the seller's knowledge at the signing of this document. Upon receiving this statement from the seller, the seller's agent is required to provide a copy to the buyer or the agent of the buyer. The seller authorizes its agent(s) to provide a copy of this statement to any prospective buyer in connection with any actual or anticipated sale of property. The following are representations made solely by the seller and are not the representations of the seller's agent(s), if any. THIS INFORMATION IS A DISCLOSURE ONLY AND IS NOT INTENDED TO BE A PART OF ANY CONTRACT BETWEEN BUYER AND SELLER.

Instructions to the Seller: (1) Answer ALL questions. (2) Report known conditions affecting the property. (3) Attach additional pages with your signature if additional space is required. (4) Complete this form yourself. (5) If some items do not apply to your property, check NOT AVAILABLE. If you do not know the facts, check UNKNOWN. FAILURE TO PROVIDE A PURCHASER WITH A SIGNED DISCLOSURE STATEMENT WILL ENABLE A PURCHASER TO TERMINATE AN OTHERWISE BINDING PURCHASE AGREEMENT.

Appliances/Systems/Services: The items below are in working order
(the items below are included in the sale of the property only if
the purchase agreement so provides):
Not
Yes No Unknown Available
Range/Oven ____ ____ ____ ____
Dishwasher ____ ____ ____ ____
Refrigerator ____ ____ ____ ____
Hood/fan ____ ____ ____ ____
Disposal ____ ____ ____ ____
TV antenna, TV rotor
& controls ____ ____ ____ ____
Electrical system ____ ____ ____ ____
Garage door opener &
remote control ____ ____ ____ ____
Alarm system ____ ____ ____ ____
Intercom ____ ____ ____ ____
Central vacuum ____ ____ ____ ____
Attic fan ____ ____ ____ ____
Pool heater, wall
liner & equipment ____ ____ ____ ____
Microwave ____ ____ ____ ____
Trash compactor ____ ____ ____ ____
Ceiling fan ____ ____ ____ ____
Sauna/hot tub ____ ____ ____ ____
Washer ____ ____ ____ ____
Dryer ____ ____ ____ ____
Lawn sprinkler system ____ ____ ____ ____
Water heater ____ ____ ____ ____
Plumbing system ____ ____ ____ ____
Water
softener/conditioner ____ ____ ____ ____
Well & pump ____ ____ ____ ____
Septic tank & drain
field ____ ____ ____ ____
Sump pump ____ ____ ____ ____
City Water System ____ ____ ____ ____
City Sewer System ____ ____ ____ ____
Central air
conditioning ____ ____ ____ ____
Central heating system ____ ____ ____ ____
Wall furnace ____ ____ ____ ____
Humidifier ____ ____ ____ ____
Electronic air filter ____ ____ ____ ____
Solar heating system ____ ____ ____ ____
Fireplace & chimney ____ ____ ____ ____
Wood burning system ____ ____ ____ ____
Explanations (attach additional sheets if necessary):
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
UNLESS OTHERWISE AGREED, ALL HOUSEHOLD APPLIANCES ARE SOLD IN
WORKING ORDER EXCEPT AS NOTED, WITHOUT WARRANTY BEYOND DATE OF
CLOSING.
Property conditions, improvements & additional information:
1. Basement/crawl space: Has there been evidence of water?
yes____ no____
If yes, please explain: _____________________________________
2. Insulation: Describe, if known ______________________________
Urea Formaldehyde Foam Insulation (UFFI) is installed?
unknown____ yes____ no____
3. Roof: Leaks? yes____ no____
Approximate age if known ____________________________________
4. Well: Type of well (depth/diameter, age, and repair history,
if known): __________________________________________________
Has the water been tested? yes____ no____
If yes, date of last report/results: ________________________
5. Septic tanks/drain fields: Condition, if known: _____________
_____________________________________________________________
6. Heating System: Type/approximate age: _______________________
7. Plumbing system: Type: copper___ galvanized___ other___
Any known problems? _________________________________________
8. Electrical system: Any known problems? ______________________
_____________________________________________________________
9. History of infestation, if any: (termites, carpenter ants,
etc.) _______________________________________________________
10. Environmental Problems: Are you aware of any substances,
materials, or products that may be an environmental hazard
such as, but not limited to, asbestos, radon gas,
formaldehyde, lead-based paint, fuel or chemical storage
tanks and contaminated soil on the property.
unknown___ yes___ no___
If yes, please explain: _____________________________________
_____________________________________________________________
11. Flood insurance: Do you have flood insurance on the
property? unknown ___yes ___no___
12. Mineral rights: Do you own the mineral rights?
unknown___ yes___ no___
Other Items: Are you aware of any of the following:
1. Features of the property shared in common with the adjoining
landowners, such as walls, fences, roads and driveways, or
other features whose use or responsibility for maintenance
may have an effect on the property?
unknown___ yes___ no___
2. Any encroachments, easements, zoning violations, or
nonconforming uses? unknown___ yes___ no___
3. Any "common areas" (facilities like pools, tennis courts,
walkways, or other areas co-owned with others), or a
homeowners' association that has any authority over the
property? unknown___ yes___ no___
4. Structural modifications, alterations, or repairs made
without necessary permits or licensed contractors?
unknown___ yes___ no___
5. Settling, flooding, drainage, structural, or grading
problems? unknown___ yes___ no___
6. Major damage to the property from fire, wind, floods, or
landslides? unknown___ yes___ no___
7. Any underground storage tanks? unknown___ yes___ no___
8. Farm or farm operation in the vicinity; or proximity
to a landfill, airport, shooting range, etc.?
unknown___ yes___ no___
9. Any outstanding utility assessments or fees, including
any natural gas main extension surcharge?
unknown___ yes___ no___
10. Any outstanding municipal assessments or fees?
unknown___ yes___ no___
11. Any pending litigation that could affect the property
or the seller's right to convey the property?
unknown___ yes___ no___
If the answer to any of these questions is yes, please explain.
Attach additional sheets, if necessary:__________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
The seller has lived in the residence on the property from
_________________ (date) to _________________ (date). The seller
has owned the property since ___________________ (date). The
seller has indicated above the condition of all the items based
on information known to the seller. If any changes occur in the
structural/mechanical/appliance systems of this property from the
date of this form to the date of closing, seller will immediately
disclose the changes to buyer. In no event shall the parties hold
the broker liable for any representations not directly made by the
broker or broker's agent.
Seller certifies that the information in this statement is true
and correct to the best of seller's knowledge as of the date of
seller's signature.
BUYER SHOULD OBTAIN PROFESSIONAL ADVICE AND INSPECTIONS
OF THE PROPERTY TO MORE FULLY DETERMINE THE CONDITION
OF THE PROPERTY. THESE INSPECTIONS SHOULD TAKE INDOOR
AIR AND WATER QUALITY INTO ACCOUNT, AS WELL AS ANY
EVIDENCE OF UNUSUALLY HIGH LEVELS OF POTENTIAL ALLERGENS
INCLUDING, BUT NOT LIMITED TO, HOUSEHOLD MOLD, MILDEW AND
BACTERIA.
BUYERS ARE ADVISED THAT CERTAIN INFORMATION COMPILED
PURSUANT TO THE SEX OFFENDERS REGISTRATION ACT,
1994 PA 295, MCL 28.721 TO 28.732, IS AVAILABLE TO
THE PUBLIC. BUYERS SEEKING THAT INFORMATION SHOULD
CONTACT THE APPROPRIATE LOCAL LAW ENFORCEMENT AGENCY
OR SHERIFF'S DEPARTMENT DIRECTLY.
BUYER IS ADVISED THAT THE STATE EQUALIZED VALUE OF THE
PROPERTY, PRINCIPAL RESIDENCE EXEMPTION INFORMATION,
AND OTHER REAL PROPERTY TAX INFORMATION IS AVAILABLE
FROM THE APPROPRIATE LOCAL ASSESSOR'S OFFICE.
BUYER SHOULD NOT ASSUME THAT BUYER'S FUTURE TAX BILLS ON
THE PROPERTY WILL BE THE SAME AS THE SELLER'S PRESENT TAX
BILLS. UNDER MICHIGAN LAW, REAL PROPERTY TAX OBLIGATIONS
CAN CHANGE SIGNIFICANTLY WHEN PROPERTY IS TRANSFERRED.
Seller____________________ Date_______________________
Seller____________________ Date_______________________
Buyer has read and acknowledges receipt of this statement.
Buyer_______________ Date________________ Time:_______________
Buyer_______________ Date________________ Time:_______________

(2) A form described in subsection (1) printed before January 1, 2006 that was in compliance with this section at that time may be utilized and shall be considered in compliance with this section until April 1, 2006.


History: 1993, Act 92, Eff. Jan. 10, 1994 ;-- Am. 1995, Act 106, Eff. Jan. 1, 1996 ;-- Am. 1996, Act 92, Imd. Eff. Feb. 27, 1996 ;-- Am. 2000, Act 12, Imd. Eff. Mar. 8, 2000 ;-- Am. 2000, Act 13, Imd. Eff. Mar. 8, 2000 ;-- Am. 2003, Act 130, Eff. Jan. 1, 2004 ;-- Am. 2005, Act 163, Eff. Jan. 1, 2006


© 2017 Legislative Council, State of Michigan

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