10 Things Michigan Home Sellers Have to Disclose

What Michigan home sellers have to disclose is set by the Seller Disclosure Act, which spells out a statutory form. Homes built before 1978 also fall under a federal lead paint rule. The form asks about water, roofs, systems, hazards, permits and shared features, and the honest answer is the one that protects the sale. Here are the ten things it asks about.

The ten things Michigan sellers disclose:

1. Water in the basement or crawl space
2. Roof leaks and the roof's age
3. Flooding, settling, grading and major damage
4. Heating, plumbing, electrical and appliances
5. Well and septic condition
6. Termites, carpenter ants and other pests
7. Asbestos, radon, tanks and other hazards
8. Lead-based paint in a pre-1978 home
9. Repairs and additions done without permits
10. Shared features, easements, HOA and assessments

1. Do I have to disclose water in the basement when selling a house in Michigan?

Yes. Michigan's statutory Seller's Disclosure Statement asks about the basement and crawl space in plain words: "Has there been evidence of water?" The question asks whether there has been evidence, so it reaches back past a floor that is dry today. The form's system checklist also lists the sump pump, so its condition is part of the answer.

A strong answer is specific. Say when water came in, where, roughly how much and what fixed it, and attach the receipt for the drain tile, sump pump or regrading. Sellers interviewing Rochester realtors can ask each one how a past water problem should be written up on the form.

Checking "no" because the basement has been dry since a repair is the answer that gets sellers in trouble. Michigan's Seller Disclosure Act requires every disclosure to be made in good faith, which it defines as honesty in fact.

2. Do I have to disclose a roof leak when selling a house in Michigan?

Yes. The Michigan seller's disclosure form has a roof line that asks one direct question, "Leaks?", and asks for the roof's approximate age if known. A leak the seller knows about, whether repaired or not, belongs on the form. The age matters too, because buyers and insurers weigh an older roof differently.

A strong answer gives the year of the last roof replacement, any leak and where it showed, and who repaired it. Attaching the roofer's invoice or warranty turns a red flag into a documented repair.

Writing "unknown" for the age when the seller paid for the roof is a weak answer. The form's own instructions say to check unknown only when you do not know the facts. A buyer's inspector will likely estimate the age anyway.

3. Do I have to disclose past flooding, settling or storm damage in Michigan?

Yes. Michigan's disclosure form asks whether the property has had "settling, flooding, drainage, structural, or grading problems." It also asks about "major damage to the property from fire, wind, floods, or landslides," and whether the seller carries flood insurance on the property. Each answer is based on what the seller knows.

A strong answer names the event, the date and the fix, with the paperwork. Think of a downspout extension, a regraded side yard or a repaired foundation crack. An insurance claim for storm damage is worth listing with how it was resolved.

Leaving out a past insurance claim because the damage was fixed is the risky shortcut. The form asks about major damage, not just open damage, and an answer that hides a known event invites a dispute after closing.

4. Do I have to disclose problems with the furnace, plumbing or electrical in Michigan?

Yes. The Michigan form asks for the heating system's type and approximate age, the plumbing type and any known problems, and any known electrical problems. A checklist then asks whether items from the range to the water heater are in working order. Its columns are yes, no, unknown and not available.

A strong answer marks each item honestly. It explains any "no" in the space provided, such as a dishwasher that leaks or a breaker that trips. The form notes that listed items are included in the sale only if the purchase agreement says so.

Marking everything "yes" to make the form look clean is the habit to drop. The checklist describes condition, not what stays with the house, and a buyer's inspection will test the same items.

5. Do I have to disclose well and septic problems when selling a house in Michigan?

Yes. Michigan's disclosure form asks about the well's type, depth and diameter, age and repair history if known, and whether the water has been tested. It also asks about the condition of the septic tank and drain field, if known. Both the well and pump and the septic system appear on the form's working order checklist too.

A strong answer gives the year the well was drilled or the pump replaced and the date of the last water test, with its results. Add the date the septic tank was last pumped, and attach the reports if you have them.

Skipping the water test question because nobody asked is a missed chance. Buyers on a well often order their own test, so a recent clean result from the seller answers the question before it slows the deal.

6. Do I have to disclose termites or pests when selling a house in Michigan?

Yes. The Michigan seller's disclosure statement asks for any "history of infestation," and names termites and carpenter ants as examples. The question asks for history, so a treated problem still belongs on the form. A licensed pest control operator's report, given at the buyer's request, can also limit a seller's liability for errors on that subject.

A strong answer names the pest, the year, the treatment and the company that did it, and attaches any warranty on the treatment. Buyers read a documented, treated problem very differently from a surprise.

Calling an old infestation "fixed" and leaving the line blank is the mistake. The form asks about history, not only current activity. A buyer's inspector may find the old damage, and the blank line then looks like a hidden problem.

7. What environmental hazards do Michigan home sellers have to disclose?

Michigan's disclosure form asks whether the seller knows of any substance that may be an environmental hazard. It names asbestos, radon gas, formaldehyde, lead-based paint, fuel or chemical storage tanks and contaminated soil. Separate questions ask about urea formaldehyde foam insulation and about any underground storage tanks on the property.

A strong answer reports test results the seller has, such as a radon test and its date. It also lists any tank that was removed, with the removal paperwork. If a mitigation system is installed, say when and by whom.

Holding back an old radon test because it came in high is the costly choice. The form asks what the seller knows, and the statement itself tells buyers to get inspections that take indoor air and water quality into account.

8. Do I need a lead paint disclosure to sell an older house in Michigan?

Yes, if the home was built before 1978. Federal law requires sellers of that housing to disclose any known lead-based paint and hazards and hand over available reports. They must also give buyers the pamphlet "Protect Your Family From Lead in Your Home" and include a lead warning statement. This is separate from the Michigan form.

A strong process gives the buyer a 10 day window to test for lead. The buyer can waive it, or both sides can agree in writing to a different period. The seller keeps a signed copy of the disclosures for three years.

Assuming the Michigan form covers lead is the gap. The state form lists lead-based paint among hazards, but the federal rule has its own pamphlet, warning and inspection window. Skipping them breaks a separate federal rule.

9. Do I have to disclose work done without a permit when selling in Michigan?

Yes. Michigan's disclosure form asks whether the property has had "structural modifications, alterations, or repairs made without necessary permits or licensed contractors." A finished basement, a deck or a moved wall that never got a permit belongs on the form if the seller knows about it.

A strong answer lists the project, the year and who did the work, and says whether a permit was pulled. If there is time before listing, asking the city or township about closing out an old permit can turn the answer into a clean one.

Leaving out a do-it-yourself project because it passed the eye test is the mistake. The question is about permits and licensed contractors, not how the work looks, and appraisers and inspectors can spot unpermitted space.

10. Do I have to disclose shared driveways, easements or HOA rules in Michigan?

Yes. The Michigan form asks about features shared with neighbors, such as walls, fences, roads and driveways, and about encroachments, easements, zoning violations and nonconforming uses. It also asks about common areas or a homeowners' association and any outstanding utility or municipal assessments. Pending litigation and a nearby farm, landfill, airport or shooting range are on it too.

A strong answer names the shared driveway and any maintenance agreement, the association and its dues, and any special assessment still owed. In Rochester, Rochester Hills and Oakland Township, where The Delia Group works, the city or township treasurer is the place to confirm what assessments remain on a parcel.

Treating an unpaid assessment as the buyer's problem is the trap. The form asks about it directly, including any natural gas main extension surcharge, and a surprise at the title search can delay the closing.

Frequently Asked Questions

Is a seller disclosure required in Michigan?

Yes, for most sales of a home with one to four units. Michigan's Seller Disclosure Act, Act 92 of 1993, requires the seller to deliver the written statement before signing a binding purchase agreement. It also covers land contracts and leases with an option to buy.

Does Michigan have a buyer's remorse law?

Michigan's Seller Disclosure Act gives buyers a short exit only when the disclosure, or an amendment to it, arrives after the purchase agreement is signed. The buyer can then terminate by written notice within 72 hours of delivery in person, or 120 hours after delivery by registered mail. That right ends at closing.

Who is exempt from filling out a seller disclosure in Michigan?

MCL 565.953 exempts court-ordered transfers, including probate and foreclosure sales, and transfers by a nonoccupant fiduciary such as a personal representative. It also exempts transfers between co-tenants and transfers to a spouse, parent, grandparent, child or grandchild. Divorce transfers, transfers involving government entities and new homes sold by a licensed builder before anyone lives there are exempt too.

What happens if a home seller doesn't disclose problems?

If a buyer never gets a signed disclosure statement, the form itself says the buyer can terminate an otherwise binding purchase agreement. A closed sale is not undone just because the act was not followed, but the act does not limit claims for fraud or misrepresentation. A seller is not liable for errors outside their personal knowledge.

Talk to The Delia Group before you fill out the disclosure

The Delia Group is a Rochester, Michigan real estate team working with buyers and sellers in Rochester, Rochester Hills, Oakland Township and across Oakland County. Michigan's disclosure form is easiest to complete with repair receipts, permits and test results gathered before the listing goes live. Sellers comparing the best real estate agents in Rochester can start there.

This article is general information for Michigan sellers, not legal advice. Disclosure duties come from the Seller Disclosure Act, MCL 565.951 to 565.966, and the federal lead paint rule, and your facts decide how they apply. Confirm your own situation with a real estate attorney.