Michigan guide

Michigan Agency Disclosure: Timing, Form, and Dual Agency Consent

In Michigan, your real estate agent must give you a written Disclosure Regarding Real Estate Agency Relationships before you share confidential information like your budget, urgency, or negotiating limits.

Reading as buyer.

TL;DR

In Michigan, your real estate agent must give you a written Disclosure Regarding Real Estate Agency Relationships before you share confidential information like your budget, urgency, or negotiating limits. That form just explains your options (seller agency, buyer agency, dual agency)—it does not actually hire the agent to represent you. To be represented as a buyer, you sign a separate written buyer agency agreement.

Before you start — 9 things to know

  • Your Michigan real estate agent must give you the written agency disclosure form before you share confidential information like your budget, urgency, or top-dollar limit—not just before writing an offer.

  • The Michigan agency disclosure form is informational only—signing it does not hire the agent to represent you as a buyer.

  • To actually be represented as a buyer in Michigan, you sign a separate written buyer agency agreement with the agent.

  • Michigan recognizes three agency options on the disclosure form: seller agency, buyer agency, and dual agency.

  • Dual agency—where one agent represents both you and the seller in the same Michigan transaction—is legal only with your informed written consent.

  • In a dual agency, your Michigan agent cannot fully advocate for you on price or terms because they owe duties to the seller too.

  • Designated agency is a separate Michigan setup where two different agents inside the same brokerage represent the buyer and the seller, with the broker supervising neutrally.

  • Your Michigan agent must disclose how they are being paid, including any compensation from the seller's side; after the settlement, this disclosure pairs with new buyer agency agreement rules.

  • Michigan's licensing authority, LARA, enforces agency disclosure rules and has disciplined agents whose conduct favored one party in a dual agency.

The timeline — step by step

  1. You first contact a Michigan real estate agent to talk about buying a home.

  2. Before you share confidential details like your budget, urgency, or motivation to buy, the agent hands you the written Disclosure Regarding Real Estate Agency Relationships.

  3. You read the form and learn about the three Michigan agency options: seller agency, buyer agency, and dual agency.

  4. If you want the agent to represent you, you sign a separate written buyer agency agreement with them.

  5. If your buyer's agent or their brokerage also has the listing on a home you want, the agent must get your written consent for dual or designated agency before going further.

  6. Your Michigan agent discloses to you the nature of all compensation in the transaction, including any payment coming from the seller's side.

  7. If disclosure timing or dual-agency consent rules were ignored, you can file a complaint with LARA's Bureau of Professional Licensing.

Common questions

When exactly must my Michigan agent hand me the agency disclosure form?
Before you share any confidential information about your goals or finances—budget, urgency, top dollar, motivation to buy—not just before writing an offer.
Does signing the Michigan agency disclosure form mean the agent now represents me?
No. The disclosure form is informational only. To be represented as a buyer in Michigan, you must sign a separate written buyer agency agreement with the agent.
Is dual agency allowed in Michigan if my agent also lists the home I want to buy?
Yes, but only if both you and the seller give informed written consent. In a dual agency, the agent cannot fully advocate for either side, so you give up having a representative who pushes purely for your interests.
What is the difference between dual agency and designated agency in Michigan?
Dual agency is one agent representing both the buyer and the seller. Designated agency is two different agents inside the same brokerage each representing one party, with the broker supervising neutrally.
Who pays my buyer's agent in Michigan?
Your Michigan agent must disclose the source of their compensation, which can come from you, the seller, or the seller's brokerage. After the settlement, you typically sign a buyer agency agreement that spells this out before you start touring homes.
What can I do if my Michigan agent skipped the agency disclosure step?
You can file a complaint with LARA's Bureau of Professional Licensing, which investigates and disciplines licensees who violate Michigan's agency disclosure rules.

Glossary

1 term
NAR National Association of Realtors
The national trade group for real-estate agents. The 2024 NAR settlement is the legal deal that changed how buyer's agents get paid.

Sources

  1. [1]
  2. [2]

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