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Michigan seller disclosure statement: what agents miss

Mir · · 7 min read

Topics: Michigan,Disclosure,Listing,Sellers

The Michigan seller disclosure statement is the form a seller of a one-to-four unit home must sign and deliver to the buyer before the two sign a binding purchase agreement. If it arrives later, the buyer can walk away within 72 hours of in-person delivery or 120 hours if it was sent by registered mail. The form covers the seller's knowledge of the house: appliances and systems, water in the basement, the roof, environmental hazards, permits, assessments and more. It is not a warranty and it is not the listing agent's statement. Two bills in Lansing would change it: House Bill 4110 would add an estimate of the buyer's new property tax bill, and Senate Bill 1082, introduced June 25, 2026, concerns upcoming municipal assessments and fees.

In short

  • The statement must be delivered before a binding purchase agreement. Late delivery gives the buyer 72 hours (in person) or 120 hours (registered mail) to terminate (MCL 565.954).
  • The act covers homes with 1 to 4 residential units; court-ordered, family, estate and builder first sales are among the exempt transfers (MCL 565.952 and 565.953).
  • The seller must disclose changes to structural, mechanical or appliance systems before closing; many purchase agreements require more (Michigan Realtors, 2026).
  • House Bill 4110 would put the buyer's uncapped tax estimate on the form. In 2026 a capped taxable value could rise by at most 2.7% (Grand Rapids Assessor, 2026).
A two-storey brick house with a deep front porch, a porch swing and rocking chairs, with autumn trees on either side
The disclosure covers what the seller knows about this house, not what the agent knows about the market. Photo: Curtis Adams, Pexels.

Why the seller disclosure goes wrong in practice

Most disclosure problems in Michigan are not about the form. They are about timing and silence.

The timing failure is the offer that gets written on a Saturday before anyone has the signed statement in the buyer's hands. The act is plain: the seller delivers the statement "before the transferor executes a binding purchase agreement." When it shows up after, the deal carries a 72-hour exit the buyer did not have to negotiate for.

The silence failure is the "unknown" box. Michigan Realtors' Letter of the Law for July 2026 put it directly: a seller who knows of a defect "cannot avoid disclosure by skipping the question or answering 'unknown.'" Michigan courts hold sellers responsible for inaccuracies they should have known about "through the exercise of ordinary care," and a seller who learned of a leak from an inspection cannot unlearn it.

The listing agent sits in the middle. The act protects an agent from liability for the seller's false statements unless the agent "knowingly acts in concert" with the seller. That protection disappears the moment an agent advises against disclosing something. As the July piece notes, the seller can then claim they wanted to disclose and their agent talked them out of it.

What the form asks, and what it does not

The form follows a fixed order set in MCL 565.957: appliances and systems with yes, no, unknown and not available columns; then property conditions (basement water, insulation, roof leaks and age, well, septic, heating, plumbing, electrical, infestation, environmental hazards, flood insurance, mineral rights); then "Other Items," eleven questions about shared features, encroachments, homeowners' associations, unpermitted work, drainage, major damage, storage tanks, nearby farms or landfills, utility assessments, municipal assessments and pending litigation.

What it does not ask today is the number most buyers care about: what their tax bill will be. The current form tells the buyer that state equalized value and exemption information is available from the local assessor. That is all.

How to handle the Michigan seller disclosure statement on a listing

  1. Get the statement signed at listing, not at offer. The seller signs it before the house goes live. Your seller then answers the questions with time to think, and you can hand it to every buyer's agent on request.
  2. Confirm the transfer is not exempt before you skip it. An estate sale by a nonoccupant fiduciary, a sale between co-tenants, a transfer to a child and a builder's first sale of a new home are exempt under MCL 565.953. An estate sale where the personal representative lived in the house is a different question for counsel.
  3. Deliver before the purchase agreement, and record how. Note the date, the time and the method of delivery. The buyer's acknowledgment line on the form has a time field for a reason: the termination clock runs in hours.
  4. Push past "unknown" when the seller does know. If an inspection, a repair invoice or a neighbour's claim has told the seller something, the answer is not unknown. Attach additional pages; the form says to.
  5. Treat the purchase agreement as part of the disclosure. Some agreements require the seller to report any change in condition before closing. Others have the seller recertify the earlier statement as of the agreement date. Read which one you signed before you tell a seller they do not need to amend.
  6. Amend early if anything changes. Michigan Realtors' advice for 2026 is "when in doubt," update, and do it before a purchase agreement exists so the buyer's termination right is not triggered.
  7. Send buyers to the assessor and the numbers. The form already tells buyers that tax information sits with the local assessor. Show them what uncapping does with our Michigan property tax uncapping calculator, and explain the reset in plain terms with what a buyer pays after uncapping.
An unfinished basement with concrete block walls, exposed wooden joists, wiring along the ceiling and a wooden staircase
Question one under property conditions: has there been evidence of water in the basement or crawl space? Photo: Curtis Adams, Pexels.

The mistake most agents make at step 5

They answer from the statute and forget the contract. The act's own amendment duty is narrow: changes in the "structural/mechanical/appliance systems." A purchase agreement that obliges the seller to report any change in condition is broader, and it is the one that governs that deal. The Michigan Realtors piece walks through exactly this: an agent who tells a seller only systems changes matter, when the agreement says otherwise, can end up liable to their own client. Read the agreement first, answer second.

The 2026 bills that would change the form

House Bill 4110, introduced February 25, 2025 by Representative Denise Mentzer and five co-sponsors and referred to the Committee on Regulatory Reform, would add a line to the form telling the buyer "the new estimated annual real property taxes on the property will be $____," calculated on the current state equalized value without the Proposal A cap, at current millage and assuming a principal residence exemption. It would also add: "Buyer should not assume that buyer's future tax bills on the property will be the same as the seller's present tax bills." Older printed forms would remain valid for 90 days after the change takes effect. MichiganVotes shows no action beyond referral.

That line matters because the gap is real. Under MCL 211.27a a capped taxable value can only rise by the lesser of 5% or inflation; for 2026 the multiplier is 1.027, a 2.7% ceiling, per the Grand Rapids Assessor. After a transfer, taxable value for the following year resets to the state equalized value. A seller who has owned for many years can be paying on a figure well below the one the buyer will be billed on.

Senate Bill 1082, introduced June 25, 2026 by Senator Sarah Anthony and referred to the Committee on Local Government, would require the statement to include upcoming municipal assessments or fees, amending section 7 of the act. Today's form asks only about outstanding ones.

Neither bill is law. Until one passes, the statement you hand a buyer is the 2005 form, and the tax question still has to be answered outside it.

Close-up of hands at a table with a pen over a printed Offer to Purchase Real Estate form
The disclosure belongs in the buyer's hands before this form is signed, not after. Photo: RDNE Stock project, Pexels.

Where this fits

Our real estate work includes deadline and document orchestration: the checklist and the dates come from your brokerage, and the system requests what is missing, records when it arrived and flags what has not. On a listing, that means the signed disclosure and the buyer's dated acknowledgment, reported as what is missing from this file, as status. It never interprets a contract or decides whether a transfer is exempt. For the filing that follows the closing, see the Michigan property transfer affidavit deadline.

Sign the disclosure at listing, deliver it before the offer, and read the purchase agreement before anyone says an amendment is not needed.

Sources

  1. Michigan Compiled Laws 565.954, Seller Disclosure Act, delivery and termination (2026)
  2. Michigan Compiled Laws 565.952, Seller Disclosure Act, transfers covered (2026)
  3. Michigan Compiled Laws 565.953, Seller Disclosure Act, exempt transfers (2026)
  4. Michigan Compiled Laws 565.955, Seller Disclosure Act, liability (2026)
  5. Michigan House Bill 4110 of 2025, as introduced (2025)
  6. MichiganVotes, 2025 House Bill 4110 (2026)
  7. FastDemocracy, Michigan Senate Bill 1082 of 2026 (2026)
  8. Michigan Realtors, Letter of the Law: Seller Disclosure from the Listing Agent's Point of View (2026)
  9. Michigan Compiled Laws 211.27a, taxable value cap and transfer of ownership (2026)
  10. City of Grand Rapids Assessor, Real Property Tax Information (2026 inflation rate multiplier) (2026)

Questions people ask

Is a seller disclosure statement required in Michigan?

Yes, for most residential sales. Michigan's Seller Disclosure Act applies to the transfer of any interest in real estate with one to four residential dwelling units, whether by sale, exchange, land contract, lease with an option to buy or a cooperative interest. The seller must deliver the signed statement before executing a binding purchase agreement. Certain transfers are exempt under MCL 565.953.

Who is exempt from the seller disclosure statement in Michigan?

MCL 565.953 exempts court-ordered transfers (including probate, foreclosure sales and bankruptcy trustees), transfers to a lender after default, sales under a mortgage power of sale, transfers by a nonoccupant fiduciary administering an estate, guardianship, conservatorship or trust, transfers between co-tenants, transfers to a spouse, parent, grandparent, child or grandchild, transfers between spouses under a divorce judgment, transfers to or from a government entity, and the first sale of a newly built, never occupied home by a licensed builder.

Can a buyer back out after receiving the seller disclosure in Michigan?

Yes, if the statement arrives after the purchase agreement is signed. Under MCL 565.954 the buyer may terminate by written notice within 72 hours after delivery if the statement was delivered in person, or within 120 hours if it was delivered by registered mail. The right ends when the property transfers by deed or land contract.

Does a Michigan seller have to update the disclosure statement?

The form itself says that if any changes occur in the structural, mechanical or appliance systems between the date of the form and closing, the seller will immediately disclose them to the buyer. Many purchase agreements go further and require an update for any change in condition. Michigan Realtors advised in July 2026 that when in doubt a seller should amend, and that amending before a purchase agreement is in place avoids triggering the buyer's termination right.

Mir, Founder, Analytica Solutions

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