SB-0370, As Passed House, September 20, 2005
April 12, 2005, Introduced by Senators BROWN, HARDIMAN, GEORGE and BIRKHOLZ and referred to the Committee on Economic Development, Small Business and Regulatory Reform.
A bill to amend 1993 PA 92, entitled
"Seller disclosure act,"
by amending section 7 (MCL 565.957), as amended by 2003 PA 130.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 7. (1) The disclosures required by this act shall be
2 made on the following form:
3 SELLER'S DISCLOSURE STATEMENT
4 Property Address: ___________________________________________
5 Street
6 ______________________________________ Michigan
7 City, Village, or Township
8 Purpose of Statement: This statement is a disclosure of the
9 condition of the property in compliance with the seller
10 disclosure act. This statement is a disclosure of the condition
Senate Bill No. 370 as amended June 22, 2005
1 and information concerning the property, known by the seller.
2 Unless otherwise advised, the seller does not possess any
3 expertise in construction, architecture, engineering, or any
4 other specific area related to the construction or condition of
5 the improvements on the property or the land. Also, unless
6 otherwise advised, the seller has not conducted any inspection of
7 generally inaccessible areas such as the foundation or roof. This
8 statement is not a warranty of any kind by the seller or by any
9 agent representing the seller in this transaction, and is not a
10 substitute for any inspections or warranties the buyer may wish
11 to obtain.
12 Seller's Disclosure: The seller discloses the following
13 information with the knowledge that even though this is not a
14 warranty, the seller specifically makes the following
15 representations based on the seller's knowledge at the signing of
16 this document. Upon receiving this statement from the seller, the
17 seller's agent is required to provide a copy to the buyer or the
18 agent of the buyer. The seller authorizes its agent(s) to provide
19 a copy of this statement to any prospective buyer in connection
20 with any actual or anticipated sale of property. The following
21 are representations made solely by the seller and are not the
22 representations of the seller's agent(s), if any. <<This
23 information is a disclosure only and is not intended to be a part
24 of any contract between buyer and seller.>>
25 Instructions to the Seller: (1) Answer ALL questions. (2)
26 Report known conditions affecting the property. (3) Attach
27 additional pages with your signature if additional space is
1 required. (4) Complete this form yourself. (5) If some items do
2 not apply to your property, check NOT AVAILABLE. If you do not
3 know the facts, check UNKNOWN. FAILURE TO PROVIDE A PURCHASER
4 WITH A SIGNED DISCLOSURE STATEMENT WILL ENABLE A PURCHASER TO
5 TERMINATE AN OTHERWISE BINDING PURCHASE AGREEMENT.
6 Appliances/Systems/Services: The items below are in working
7 order (the items below are included in the sale of the property
8 only if the purchase agreement so provides):
9 Yes No Unknown Not Available
10 Range/Oven ____ ____ ____ ____
11 Dishwasher ____ ____ ____ ____
12 Refrigerator ____ ____ ____ ____
13 Hood/fan ____ ____ ____ ____
14 Disposal ____ ____ ____ ____
15 TV antenna, TV rotor & controls
____
____
____
____
16 Electrical system ____ ____ ____ ____
17 Garage door opener & remote control
____
____
____
____
18 Alarm system ____ ____ ____ ____
19 Intercom ____ ____ ____ ____
20 Central vacuum ____ ____ ____ ____
21 Attic fan ____ ____ ____ ____
22 Pool heater, wall liner & equipment
____
____
____
____
23 Microwave ____ ____ ____ ____
24 Trash compactor ____ ____ ____ ____
25 Ceiling fan ____ ____ ____ ____
26 Sauna/hot tub ____ ____ ____ ____
1 Washer ____ ____ ____ ____
2 Dryer ____ ____ ____ ____
3 Lawn sprinkler system ____ ____ ____ ____
4 Water heater ____ ____ ____ ____
5 Plumbing system ____ ____ ____ ____
6 Water softener/conditioner
____
____
____
____
7 Well & pump ____ ____ ____ ____
8 Septic tank & drain field
____
____
____
____
9 Sump pump ____ ____ ____ ____
10 City Water System ____ ____ ____ ____
11 City Sewer System ____ ____ ____ ____
12 Central air conditioning
____
____
____
____
13 Central heating system ____ ____ ____ ____
14 Wall furnace ____ ____ ____ ____
15 Humidifier ____ ____ ____ ____
16 Electronic air filter ____ ____ ____ ____
17 Solar heating system ____ ____ ____ ____
18 Fireplace & chimney ____ ____ ____ ____
19 Wood burning system ____ ____ ____ ____
20 Explanations (attach additional sheets if necessary):
21 ________________________________________________________________
22 ________________________________________________________________
23 ________________________________________________________________
24 ________________________________________________________________
25 ________________________________________________________________
26 UNLESS OTHERWISE AGREED, ALL HOUSEHOLD APPLIANCES ARE SOLD IN
27 WORKING ORDER EXCEPT AS NOTED, WITHOUT WARRANTY BEYOND DATE OF
1 CLOSING.
2 Property conditions, improvements & additional information:
3 1. Basement/crawl space: Has there been evidence of water?
4 yes____ no____
5 If yes, please explain:_______________________________________
6 2. Insulation: Describe, if known________________________________
7 Urea Formaldehyde Foam Insulation (UFFI) is installed?
8 unknown____ yes____ no____
9 3. Roof: Leaks? yes____ no____
10 Approximate age if known _____________________________________
11 4. Well: Type of well (depth/diameter, age, and repair history, if known): ______________________________________
12 Has the water been tested? yes____ no____
13 If yes, date of last report/results: __________________________
14 5. Septic tanks/drain fields: Condition, if known: _______________
15 _____
16 6. Heating System: Type/approximate age: _________________________
17 7. Plumbing system: Type: copper__ galvanized__ other__
18 Any known problems? ___________________________________________
19 8. Electrical system: Any known problems? ________________________
20 _____
21 9. History of infestation, if any: (termites, carpenter ants, etc.)__________________________________________________________
22 10. Environmental Problems: Are you aware of any substances,
23 materials, or products that may be an environmental hazard
24 such as, but not limited to, asbestos, radon gas,
25 formaldehyde, lead-based paint, fuel or chemical storage
26 tanks and contaminated soil on the property.
27 unknown___yes___no___
28 If yes, please explain:________________________________________
1 _____
2 11. Flood insurance: Do you have flood insurance on the
3 property?
4 unknown___yes___no___
5 12. Mineral rights: Do you own the mineral rights?
6 unknown___yes___no___
7 Other Items: Are you aware of any of the following:
8 1. Features of the property shared in common with the adjoining
9 landowners, such as walls, fences, roads and driveways, or
10 other features whose use or responsibility for maintenance
11 may have an effect on the property?
12 unknown___yes___no___
13 2. Any encroachments, easements, zoning violations, or
14 nonconforming uses?
15 unknown___yes___no___
16 3. Any "common areas" (facilities like pools, tennis courts,
17 walkways, or other areas co-owned with others), or a
18 homeowners' association that has any authority over the
19 property?
20 unknown___yes___no___
21 4. Structural modifications, alterations, or repairs made
22 without necessary permits or licensed contractors?
23 unknown___yes___no___
24 5. Settling, flooding, drainage, structural, or grading
25 problems?
26 unknown___yes___no___
27 6. Major damage to the property from fire, wind, floods, or
28 landslides?
29 unknown___yes___no___
1 7. Any underground storage tanks?
2 unknown___yes___no___
3 8. Farm or farm operation in the vicinity; or proximity to a
4 landfill, airport, shooting range, etc.?
5 unknown___yes___no___
6 9. Any outstanding utility assessments or fees, including any
7 natural gas main extension surcharge?
8 unknown___yes___no___
9 10. Any outstanding municipal assessments or fees?
10 unknown___yes___no___
11 11. Any pending litigation that could affect the property or the
12 seller's right to convey the property?
13 unknown___yes___no___
14 If the answer to any of these questions is yes, please explain.
15 Attach additional sheets, if necessary:_____________________________
16
17
18
19
20 The seller has lived in the residence on the property from
21 _________________ (date) to _________________ (date). The seller
22 has owned the property since ___________________ (date). The
23 seller has indicated above the condition of all the items based
24 on information known to the seller. If any changes occur in the
25 structural/mechanical/appliance systems of this property from the
26 date of this form to the date of closing, seller will immediately
27 disclose the changes to buyer. In no event shall the parties hold
28 the broker liable for any representations not directly made by
29 the broker or broker's agent.
Senate Bill No. 370 as amended June 21 and 22, 2005
1 Seller certifies that the information in this statement is
2 true and correct to the best of seller's knowledge as of the date
3 of seller's signature.
4 BUYER SHOULD OBTAIN PROFESSIONAL ADVICE AND INSPECTIONS
5 OF THE PROPERTY TO MORE FULLY DETERMINE THE CONDITION
6 OF THE PROPERTY. THESE INSPECTIONS SHOULD TAKE INDOOR
7 AIR AND WATER QUALITY INTO ACCOUNT, AS WELL AS ANY
8 EVIDENCE OF UNUSUALLY HIGH LEVELS OF POTENTIAL
9
ALLERGENS <<INCLUDING, BUT NOT LIMITED TO, HOUSEHOLD MOLD, MILDEW AND BACTERIA>>.
10 BUYERS ARE ADVISED THAT CERTAIN INFORMATION COMPILED
11 PURSUANT TO THE SEX OFFENDERS REGISTRATION ACT,
12 1994 PA 295, MCL 28.721 TO 28.732, IS AVAILABLE TO
13 THE PUBLIC. BUYERS SEEKING THAT INFORMATION SHOULD
14 CONTACT THE APPROPRIATE LOCAL LAW ENFORCEMENT AGENCY
15 OR SHERIFF'S DEPARTMENT DIRECTLY.
16 BUYER IS ADVISED THAT THE STATE EQUALIZED VALUE OF THE
17 PROPERTY, PRINCIPAL RESIDENCE EXEMPTION INFORMATION,
18 AND OTHER REAL PROPERTY TAX INFORMATION IS AVAILABLE
19 FROM THE APPROPRIATE LOCAL ASSESSOR'S OFFICE. <<BUYER
20 SHOULD NOT ASSUME THAT BUYER'S FUTURE TAX BILLS ON THE
21 PROPERTY WILL BE THE SAME AS THE SELLER'S PRESENT TAX
22 BILLS. UNDER MICHIGAN LAW, REAL PROPERTY TAX
23 OBLIGATIONS CAN CHANGE SIGNIFICANTLY WHEN PROPERTY IS
24 TRANSFERRED.>>
25 Seller________________ Date___________________________
26 Seller________________ Date___________________________
27 Buyer has read and acknowledges receipt of this statement.
Senate Bill No. 370 as amended June 21, 2005
1 Buyer___________ Date______________________ Time:_______________
2 Buyer___________ Date______________________ Time:_______________
3 (2) A form described in subsection (1) printed before
4 March 8, 2000 <<January 1, 2006
5 amended this subsection >> that was in compliance with this section
6 at that time may be utilized and shall be considered in
7 compliance with this section until June 6, 2000 <<April 1, 2006.
8 the effective date of the 2005 amendatory act that amended this
9 subsection.>>
<<Enacting section 1. This amendatory act takes effect January 1, 2006.>>