Michigan guide

Michigan Seller's Disclosure Statement: Mandatory Form, Timing, and Rescission Right

Michigan law requires you, the seller, to fill out and hand the buyer a Seller's Disclosure Statement before they sign a purchase agreement on your home.

TL;DR

Michigan law requires you, the seller, to fill out and hand the buyer a Seller's Disclosure Statement before they sign a purchase agreement on your home. The form has 11 sections covering everything you know about the property — condition, water and sewer, structure, mechanical systems, hazardous materials, legal issues, and more. If you deliver the form late, the buyer gets 72 hours from the moment they receive it to walk away with a full deposit refund, so timing matters.

Before you start — 9 things to know

You — the seller — fill out the Michigan Seller's Disclosure Statement yourself. Your agent can hand you the form and answer questions, but they don't know your home's history and shouldn't be completing it for you.
The completed disclosure must reach the buyer BEFORE they sign a purchase agreement or any other binding contract on your home.
If you deliver the Michigan Seller's Disclosure Statement late — after the buyer has already signed — the buyer has 72 hours from the moment they actually receive it to cancel the deal and get a full deposit refund.
You cannot make the buyer waive the 72-hour rescission right by contract. Even if the buyer signs something saying they give it up, the law overrides that agreement.
The Michigan disclosure form has 11 sections: general condition, water and sewage, insulation, structural components (roof, walls, foundation), mechanical systems (HVAC, plumbing, electrical), hazardous materials (lead paint, asbestos, radon, underground tanks), infestations, flood plain or wetlands, legal matters (liens, easements, zoning), homeowner association obligations, and environmental concerns.
Disclose only what you actually know about your home. If you genuinely don't know the answer to a question, you can mark it unknown — but hiding something you do know about is misrepresentation and can expose you to lawsuits after closing.
The disclosure rule applies to Michigan residential property with four or fewer units — single-family homes, duplexes, triplexes, and fourplexes. Larger buildings fall outside this law.
Some Michigan sales are exempt from the disclosure requirement, including transfers between co-owners, transfers to a spouse or close blood relative, court-ordered transfers, sheriff's deed sales, and brand-new construction that has never been occupied.
Bank-owned (REO) home sales can be exempt from the Michigan disclosure form, but only if the bank genuinely has no knowledge of the property's condition. A bank cannot just claim the exemption without legally qualifying for it.

The timeline — step by step

Before listing your Michigan home, fill out the Seller's Disclosure Statement yourself, answering each of the 11 sections based on what you actually know about the property.
Share the completed Michigan Seller's Disclosure Statement with serious buyers so they can review it before making an offer on your home.
A buyer reviews the disclosure, then decides whether to submit an offer and on what terms.
The buyer signs the purchase agreement — and under Michigan law the disclosure should already be in their hands at this point.
If the Michigan Seller's Disclosure Statement is delivered AFTER the buyer signs, a 72-hour rescission clock starts the moment the buyer receives it, giving them the option to back out with a full deposit refund.
If the buyer cancels during that 72-hour window, the seller must return the buyer's deposit in full.
Once the rescission window closes (or if the disclosure was delivered on time), the Michigan home sale moves forward into inspection, financing, and closing.

Common questions

Do I have to fill out the Michigan Seller's Disclosure Statement myself, or can my agent do it?

Michigan law puts this responsibility on you, the seller, because you're the one who knows the home's history. Your agent can hand you the form and explain the questions, but they shouldn't complete it for you. If an agent fills it out or coaches you to hide known issues, that's misrepresentation under Michigan law.

What happens if I give the buyer the disclosure form after they sign the offer?

The buyer gets a 72-hour window — starting the moment they actually receive the form — to cancel the deal and get their full deposit back. They don't need a reason to walk. You also can't waive this right by contract, so it's much safer to deliver the disclosure before any offer is signed.

I don't know the answer to some questions on the Michigan disclosure form. What should I write?

Disclose only what you actually know — that's all the law requires. If you genuinely don't know whether the roof has ever leaked or what's behind a wall, you can mark that item as unknown. Don't guess and don't hide something you do know, because either one can lead to lawsuits after closing.

I'm selling my Michigan house to my brother. Do I still have to fill out the disclosure?

Probably not. Transfers to a spouse or close blood relative are exempt from the Michigan Seller Disclosure Act. Other exemptions cover transfers between co-owners, court-ordered transfers, sheriff's deed sales, and brand-new construction that has never been lived in.

I'm selling a four-unit rental in Michigan. Does the disclosure law apply to me?

Yes — the Michigan Seller Disclosure Act covers residential property of four or fewer units, so a fourplex is included. A five-unit or larger building falls outside this disclosure requirement.

A bank is selling a foreclosed home in Michigan — do they have to complete the disclosure?

Often they don't, because banks selling bank-owned (REO) homes usually have no personal knowledge of the property's condition. But the bank has to actually qualify for the exemption — they can't just refuse to fill out the form without a legal basis. As a buyer in that situation, plan on a careful inspection.

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