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Michigan Legislature
Michigan Compiled Laws Complete Through PA 46 of 2021
House: Adjourned until Tuesday, August 17, 2021 12:00:00 PM


Michigan Legislature

Main Content

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




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