March 3, 2009, Introduced by Reps. Miller, Liss, Leland, Switalski, Gregory, Johnson, Stanley and Jackson and referred to the Committee on Regulatory Reform.
A bill to amend 1993 PA 92, entitled
"Seller disclosure act,"
by amending section 7 (MCL 565.957), as amended by 2005 PA 163.
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
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 order
7 (the items below are included in the sale of the property only if
8 the purchase agreement so provides):
9 Not
10 Yes No Unknown Available
11 Range/Oven ____ ____ ____ ____
12 Dishwasher ____ ____ ____ ____
13 Refrigerator ____ ____ ____ ____
14 Hood/fan ____ ____ ____ ____
15 Disposal ____ ____ ____ ____
16 TV antenna, TV rotor
17 & controls ____ ____ ____ ____
18 Electrical system ____ ____ ____ ____
19 Garage door opener &
20 remote control ____ ____ ____ ____
21 Alarm system ____ ____ ____ ____
22 Intercom ____ ____ ____ ____
23 Central vacuum ____ ____ ____ ____
24 Attic fan ____ ____ ____ ____
25 Pool heater, wall
26 liner & equipment ____ ____ ____ ____
27 Microwave ____ ____ ____ ____
28 Trash compactor ____ ____ ____ ____
29 Ceiling fan ____ ____ ____ ____
1 Sauna/hot tub ____ ____ ____ ____
2 Washer ____ ____ ____ ____
3 Dryer ____ ____ ____ ____
4 Lawn sprinkler system ____ ____ ____ ____
5 Water heater ____ ____ ____ ____
6 Plumbing system ____ ____ ____ ____
7 Water
8 softener/conditioner ____ ____ ____ ____
9 Well & pump ____ ____ ____ ____
10 Septic tank & drain
11 field ____ ____ ____ ____
12 Sump pump ____ ____ ____ ____
13 City Water System ____ ____ ____ ____
14 City Sewer System ____ ____ ____ ____
15 Central air
16 conditioning ____ ____ ____ ____
17 Central heating system ____ ____ ____ ____
18 Wall furnace ____ ____ ____ ____
19 Humidifier ____ ____ ____ ____
20 Electronic air filter ____ ____ ____ ____
21 Solar heating system ____ ____ ____ ____
22 Fireplace & chimney ____ ____ ____ ____
23 Wood burning system ____ ____ ____ ____
24 Explanations (attach additional sheets if necessary):
25 _______________________________________________________________
26 _______________________________________________________________
27 _______________________________________________________________
28 _______________________________________________________________
29 _______________________________________________________________
30 UNLESS OTHERWISE AGREED, ALL HOUSEHOLD APPLIANCES ARE SOLD IN
31 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,
12 if known): __________________________________________________
13 Has the water been tested? yes____ no____
14 If yes, date of last report/results: ________________________
15 5. Septic tanks/drain fields: Condition, if known: _____________
16 _____________________________________________________________
17 6. Heating System: Type/approximate age: _______________________
18 7. Plumbing system: Type: copper___ galvanized___ other___
19 Any known problems? _________________________________________
20 8. Electrical system: Any known problems? ______________________
21 _____________________________________________________________
22 9. History of infestation, if any: (termites, carpenter ants,
23 etc.) _______________________________________________________
24 10. Environmental Problems: Are you aware of any substances,
25 materials, or products that may be an environmental hazard
26 such as, but not limited to, asbestos, radon gas,
27 formaldehyde, lead-based paint, fuel or chemical storage
28 tanks and contaminated soil on the property.
29 unknown___ yes___ no___
30 If yes, please explain: _____________________________________
31 _____________________________________________________________
1 11. Flood insurance: Do you have flood insurance on the
2 property? unknown ___yes ___no___
3 12. Mineral rights: Do you own the mineral rights?
4 unknown___ yes___ no___
5 Other Items: Are you aware of any of the following:
6 1. Features of the property shared in common with the adjoining
7 landowners, such as walls, fences, roads and driveways, or
8 other features whose use or responsibility for maintenance
9 may have an effect on the property?
10 unknown___ yes___ no___
11 2. Any encroachments, easements, zoning violations, or
12 nonconforming uses? unknown___ yes___ no___
13 3. Any "common areas" (facilities like pools, tennis courts,
14 walkways, or other areas co-owned with others), or a
15 homeowners' association that has any authority over the
16 property? unknown___ yes___ no___
17 4. Structural modifications, alterations, or repairs made
18 without necessary permits or licensed contractors?
19 unknown___ yes___ no___
20 5. Settling, flooding, drainage, structural, or grading
21 problems? unknown___ yes___ no___
22 6. Major damage to the property from fire, wind, floods, or
23 landslides? unknown___ yes___ no___
24 7. Any underground storage tanks? unknown___ yes___ no___
25 8. Farm or farm operation in the vicinity; or proximity
26 to a landfill, airport, shooting range, etc.?
27 unknown___ yes___ no___
28 9. Any outstanding utility assessments or fees, including
29 any natural gas main extension surcharge?
30 unknown___ yes___ no___
31 10. Any outstanding municipal assessments or fees?
1 unknown___ yes___ no___
2 11. Any pending litigation that could affect the property
3 or the seller's right to convey the property?
4 unknown___ yes___ no___
5 If the answer to any of these questions is yes, please explain.
6 Attach additional sheets, if necessary:__________________________
7 _________________________________________________________________
8 _________________________________________________________________
9 _________________________________________________________________
10 _________________________________________________________________
11 The seller has lived in the residence on the property from
12 _________________ (date) to _________________ (date). The seller
13 has owned the property since ___________________ (date). The
14 seller has indicated above the condition of all the items based
15 on information known to the seller. If any changes occur in the
16 structural/mechanical/appliance systems of this property from the
17 date of this form to the date of closing, seller will immediately
18 disclose the changes to buyer. In no event shall the parties hold
19 the broker liable for any representations not directly made by the
20 broker or broker's agent.
21 Seller certifies that the information in this statement is true
22 and correct to the best of seller's knowledge as of the date of
23 seller's signature.
24 BUYER SHOULD OBTAIN PROFESSIONAL ADVICE AND INSPECTIONS
25 OF THE PROPERTY TO MORE FULLY DETERMINE THE CONDITION
26 OF THE PROPERTY. THESE INSPECTIONS SHOULD TAKE INDOOR
27 AIR AND WATER QUALITY INTO ACCOUNT, AS WELL AS ANY
28 EVIDENCE OF UNUSUALLY HIGH LEVELS OF POTENTIAL ALLERGENS
29 INCLUDING, BUT NOT LIMITED TO, HOUSEHOLD MOLD, MILDEW AND
30 BACTERIA.
1 BUYERS ARE ADVISED THAT CERTAIN INFORMATION COMPILED
2 PURSUANT TO THE SEX OFFENDERS REGISTRATION ACT,
3 1994 PA 295, MCL 28.721 TO 28.732, IS AVAILABLE TO
4 THE PUBLIC. BUYERS SEEKING THAT INFORMATION SHOULD
5 CONTACT THE APPROPRIATE LOCAL LAW ENFORCEMENT AGENCY
6 OR SHERIFF'S DEPARTMENT DIRECTLY.
7 BUYER IS ADVISED THAT THE STATE EQUALIZED VALUE OF
THE
8 PROPERTY, PRINCIPAL RESIDENCE EXEMPTION INFORMATION,
9 AND OTHER REAL PROPERTY TAX INFORMATION IS AVAILABLE
10 FROM THE APPROPRIATE LOCAL ASSESSOR'S OFFICE.
11 BUYER
SHOULD NOT ASSUME THAT BUYER'S FUTURE TAX BILLS ON
12 THE
PROPERTY WILL BE THE SAME AS THE SELLER'S PRESENT TAX
13 BILLS.
UNDER MICHIGAN LAW, REAL PROPERTY TAX OBLIGATIONS
14 CAN
CHANGE SIGNIFICANTLY WHEN PROPERTY IS TRANSFERRED.
15 Seller____________________ Date_______________________
16 Seller____________________ Date_______________________
17 Buyer has read and acknowledges receipt of this statement.
18 Buyer_______________ Date________________ Time:_______________
19 Buyer_______________ Date________________ Time:_______________
20 BUYER IS ADVISED THAT THE STATE EQUALIZED VALUE OF THE
21 PROPERTY, PRINCIPAL RESIDENCE EXEMPTION INFORMATION,
22 AND OTHER REAL PROPERTY TAX INFORMATION ARE AVAILABLE
23 FROM THE APPROPRIATE LOCAL ASSESSOR'S OFFICE.
24 BUYER SHOULD NOT ASSUME THAT BUYER'S FUTURE TAX BILLS ON
25 THE PROPERTY WILL BE THE SAME AS THE SELLER'S PRESENT TAX
26 BILLS. UNDER MICHIGAN LAW, REAL PROPERTY TAX OBLIGATIONS
27 CAN CHANGE SIGNIFICANTLY WHEN PROPERTY IS TRANSFERRED.
28 Buyer has read and acknowledges the statement above.
29 Buyer_______________ Date________________ Time:_______________
1 Buyer_______________ Date________________ Time:_______________
2 (2) A form described in subsection (1) printed before
3 January 1, 2006 the
effective date of the 2009 amendatory act
4 that amended this section that was in compliance with this
5 section at that time may be utilized and shall be considered in
6 compliance with this section until April 1, 2006 180 days after
7 the effective date of the 2009 amendatory act that amended this
8 section.