Michigan seller disclosure requirements
Michigan law requires most home sellers to hand the buyer a completed Seller’s Disclosure Statement before the deal is signed. Here’s what you have to disclose, what you don’t, who’s exempt, and what happens if you get it wrong.
- Required for homes with 1–4 dwelling units
- Deliver it before the purchase agreement is signed
- Disclose what you know — honestly, in good faith
The short answer
Under Michigan’s Seller Disclosure Act (Act 92 of 1993), a seller of residential property with one to four dwelling units must give the buyer a completed Seller’s Disclosure Statement— a standard form listing the known condition of the home. You deliver it before the purchase agreement is signed (the purchase agreement can allow for delivery shortly after acceptance, but earlier is always safer).
The key standard is good faith: you disclose what you actually know, to the best of your knowledge. It is not a warranty or a guarantee of condition — but you cannot knowingly hide or misrepresent a defect.
What you have to disclose
The disclosure form walks through the home’s known condition, including:
- Systems & appliances:heating/cooling, plumbing, electrical, water heater, sump pump, included appliances, and whether they’re in working order.
- Structure:roof, foundation, basement, walls, windows, insulation — and any known leaks, settling, or water intrusion.
- Environmental: known presence of asbestos, radon, lead, underground storage tanks, contaminated soil, or methamphetamine production.
- Legal & boundary items: easements, encroachments, shared features (fences, driveways, walls), zoning issues, unpermitted modifications, HOA obligations, outstanding assessments, and any pending litigation affecting the property.
- Surroundings & rights: proximity to farms, landfills, airports, or shooting ranges; whether you carry flood insurance; and whether you own the mineral rights.
Separately, federal law requires a lead-based paint disclosurefor any home built before 1978 — that’s on top of the state form.
Who's exempt
Some transfers don’t require the disclosure statement because the seller isn’t a typical owner-occupant. Common exemptions include:
- Transfers by court order, or foreclosure / deed in lieu of foreclosure.
- Transfers by a fiduciary administering an estate, trust, guardianship, or conservatorship.
- Transfers between co-owners, or between spouses (including in a divorce).
- Transfers to or from any government entity.
Even when you’re exempt from the form, you still can’t commit fraud — knowingly lying about or concealing a serious defect can create liability regardless.
What if you don't know — or get it wrong?
If you genuinely don’t know the answer to something, you say so — “unknown” is a valid answer, and the law only asks for your good-faithknowledge, not a professional inspection. The danger isn’t imperfection; it’s knowingly concealing or misstating a defect you were aware of, which can expose you to a claim after closing.
Selling a home “as-is” does notremove the disclosure duty either — as-is addresses who pays for repairs, not whether you have to be honest about known problems. When in doubt, disclose it and let the buyer decide; it protects you. Thinking about selling? See how to sell your home for more and your Michigan closing costs.
This is general information, not legal advice. For a specific situation, talk to a Michigan real estate attorney.
Michigan seller disclosure — common questions
Is a seller's disclosure statement required in Michigan?
Yes. Under Michigan's Seller Disclosure Act (Act 92 of 1993), sellers of residential property with one to four dwelling units must give the buyer a completed Seller's Disclosure Statement before the purchase agreement is signed. Certain transfers — such as foreclosures, estate/fiduciary sales, and transfers between spouses or co-owners — are exempt.
What do I have to disclose when selling a house in Michigan?
You disclose the known condition of the home: heating, plumbing, electrical, and appliances; roof, foundation, and basement; environmental items like asbestos, radon, lead, and underground tanks; and legal items like easements, encroachments, zoning issues, HOA obligations, and known defects. Homes built before 1978 also require a federal lead-based paint disclosure.
What if I don't know the answer to a disclosure question?
You can answer 'unknown.' The law asks for your good-faith knowledge, not a professional inspection. You're not required to go discover hidden problems — but you cannot knowingly conceal or misrepresent a defect you're aware of.
Does selling a home 'as-is' remove the disclosure requirement in Michigan?
No. Selling 'as-is' affects who pays for repairs, not whether you must be honest. You still must provide the Seller's Disclosure Statement (unless exempt) and cannot knowingly hide a known defect.
Selling soon? Get it right from the start.
We’ll help you complete your disclosure accurately and price your home to sell — honestly, with no surprises at the closing table.
2032 E Square Lake Rd Ste 400A, Troy, MI 48085