When Should Downriver Sellers Hand Over the Disclosure?
When does a Michigan seller have to deliver the disclosure?
Before you sign. Michigan’s Seller Disclosure Act says the written statement goes to the prospective buyer before the seller executes a binding purchase agreement. For a land contract sale without a purchase agreement, it goes before the seller signs the installment sales contract.
That deadline is easy to blow in a fast weekend of offers. You get an offer Saturday, counter Saturday night, and sign Sunday. If the disclosure never went out, you signed a deal the buyer can still walk out of.
The Act covers who can receive it:
- Your own agent. Your listing agent then has to give a copy to the buyer or the buyer’s agent.
- The buyer’s agent. A statement given to the buyer’s agent counts as given to the buyer.
- The buyer directly.
It also covers how. Delivery has to be by personal delivery, fax or registered mail, and a faxed signed copy counts as the original. Ask your agent how they plan to deliver it so it fits one of those methods.
The Act also says you have to show you complied. That can go on the purchase agreement, an addendum, or a separate document. Ask your agent which one your paperwork uses.
The form says it plainly in capital letters: failing to provide a purchaser with a signed disclosure statement will enable the purchaser to terminate an otherwise binding purchase agreement. So the safest move is to have the signed statement ready before you list, and get it to each buyer before you sign anything.
Does the Act cover your sale?
The Act applies to transfers of real estate with 1 to 4 residential dwelling units, whether by sale, exchange, installment land contract or a lease with an option to purchase. So a single-family house, a duplex or a land contract sale all start from the same rule.
The Act also lists sales it does not cover. These include court-ordered transfers, such as a sale ordered by a probate court in administering an estate, foreclosure sales, transfers to a spouse, parent, grandparent, child or grandchild, transfers between spouses under a divorce judgment, sales by a nonoccupant fiduciary administering an estate or trust, and a sale of newly constructed residential property that no one has lived in by a person licensed under article 24 of Public Act 299 of 1980. If you think your sale might fit one of those, ask your agent or a Michigan real estate attorney before you skip the form.
What happens if the buyer gets it after you sign?
The buyer gets a short window to walk. Under MCL 565.954, if the disclosure, or an amendment to it, is delivered after you execute a binding purchase agreement, the buyer can terminate by delivering written notice to you or your agent:
| How the late disclosure was delivered | Buyer’s window to terminate |
|---|---|
| In person | Not later than 72 hours after delivery |
| By registered mail | Not later than 120 hours after delivery |
That right has an end date. The Act says it expires when the property transfers by deed or installment sales contract.
The clock depends on how the statement was delivered, so keep a record either way. Have your agent note the date and time the buyer or the buyer’s agent received the signed statement and how it was delivered, and keep a copy of whatever shows it, such as a signed acknowledgment, a fax confirmation or a registered mail receipt.
Changes are the other piece to plan for. 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 the changes to the buyer. The Act lets you amend a disclosure in writing, and an amendment delivered after you sign carries the same 72-hour and 120-hour windows. So if something changes, get it to the buyer promptly, and ask your agent to help you put it in writing.
The point of doing the form early is that the buyer gets the statement before signing. Buyers can read it before they write an offer and ask their questions while they’re still deciding.
What does the Michigan form ask you about?
The form in MCL 565.957 walks through the house system by system. It starts with appliances and systems, where you mark each item yes, no, unknown or not available for whether it’s in working order. Then it asks about property conditions, including:
- Basement or crawl space. Has there been evidence of water?
- Roof. Any leaks, and its approximate age if known.
- Well. Type, age and repair history if known, and whether the water has been tested.
- Septic. Its condition, if known.
- Environmental problems. Substances that may be an environmental hazard, such as asbestos, radon gas, lead-based paint, fuel or chemical storage tanks and contaminated soil.
- Flood insurance and mineral rights. Whether you have flood insurance and whether you own the mineral rights.
- Other items. Shared features with neighbors, encroachments and easements, structural modifications, alterations or repairs made without necessary permits or licensed contractors, and any underground storage tanks.
The form’s instructions to the seller are short: answer all questions, report known conditions affecting the property, attach extra signed pages if you need space, complete the form yourself, and check NOT AVAILABLE for items that don’t apply or UNKNOWN when you don’t know the facts. The Act lets a seller tell the buyer that information is unknown when it’s unknown or unavailable at the time the disclosure is required.
The Act also asks for good faith, which it defines as honesty in fact in the conduct of the transaction. It says the disclosures are based on the best information available and known to you. It says it’s not a violation to leave out information that could only be found by inspecting inaccessible parts of the property, or that only a person with expertise in a science or trade beyond your knowledge would find.
Reports from professionals have a defined role too. Under MCL 565.955, a seller generally isn’t liable for an error or omission that wasn’t within the seller’s personal knowledge, or that was based entirely on information from public agencies or certain experts, as long as ordinary care was used in passing it along. The Act names experts such as a licensed professional engineer, surveyor, geologist, structural pest control operator or contractor. Their report counts toward that protection when it deals with matters within the professional’s license or expertise and the buyer asked for the information, unless you know of a defect that contradicts it. The Act also says its list of items doesn’t limit any other obligation for disclosure about fraud, misrepresentation or deceit.
None of that tells you how to answer a specific question. If you’re unsure how to describe a past repair or a known problem, ask your listing agent or a Michigan real estate attorney before you sign the form.
How do you build the disclosure into your listing plan?
Treat the disclosure like a listing photo. It’s done before the house goes live. Work through these with your agent:
- Start the form before you list. Ask your agent for the current form and walk through each question together. Gather the receipts, permits and repair records you have for the roof, basement, mechanicals and any past water.
- Get questions answered. Where you’re unsure how to answer, ask your agent or a Michigan real estate attorney before you sign.
- Sign and date it. The form’s termination warning is about a signed statement.
- Plan the delivery. Confirm with your agent that each buyer receives it by personal delivery, fax or registered mail before you execute a purchase agreement, and that your compliance is noted in the paperwork.
- Plan for changes. If something changes before closing, ask your agent how to get a written update to the buyer right away.
The Act also lets a city, township or county require disclosures beyond the state form, or use a different form. Ask your agent whether your city has its own requirements. If your city requires its own presale inspection, line the two up, because a city report can turn up items the form asks about, such as work done without permits. The Taylor presale inspection guide and the Lincoln Park unpermitted deck guide show how city steps can fit into a listing date.
For the rest of the prep work, start with preparing a Downriver home for sale. Put day one of your listing on the calendar, and put “signed disclosure in hand” on the line right before it.
Frequently asked questions
Does every Downriver home sale need the disclosure statement?
The Act applies to transfers of real estate with 1 to 4 residential dwelling units, unless one of its listed exceptions fits, such as court-ordered transfers, foreclosure sales and transfers to a spouse, parent, grandparent, child or grandchild. Ask your listing agent or a Michigan real estate attorney whether an exception fits your sale.
What if I don't know the answer to a question on the form?
The form's instructions say to check UNKNOWN if you do not know the facts, and NOT AVAILABLE if an item does not apply. The Act lets a seller advise the buyer that information is unknown when it is unknown or unavailable.
Can my agent fill it out for me?
The form's instructions say to complete the form yourself. Your agent's job under the Act is to pass a copy to the buyer or the buyer's agent.
Can a buyer use a late disclosure to back out after closing?
Not under this termination right. The Act says the buyer's right to terminate over a late disclosure expires when the property transfers by deed or installment sales contract. The Act also says its disclosure list does not limit other disclosure obligations about fraud, misrepresentation or deceit.
What if something changes after I hand it over?
The form says that if any changes occur in the structural, mechanical or appliance systems from the date of the form to the date of closing, the seller will immediately disclose the changes to the buyer. The Act lets a seller amend a disclosure in writing, and an amendment delivered after signing carries the same 72-hour or 120-hour termination window. Ask your agent to help you get any change to the buyer right away.
Sources
- Michigan Legislature, MCL 565.952, Seller Disclosure Act applicability
- Michigan Legislature, MCL 565.953, Exceptions
- Michigan Legislature, MCL 565.954, Delivery timing and termination
- Michigan Legislature, MCL 565.955, Liability limits and expert reports
- Michigan Legislature, MCL 565.956, Inaccuracy after delivery and unknown information
- Michigan Legislature, MCL 565.957, Seller's Disclosure Statement form
- Michigan Legislature, MCL 565.959, Local additional disclosures
- Michigan Legislature, MCL 565.962 and 565.963, Amendments and method of delivery
- State of Michigan, Seller Disclosure Act, Act 92 of 1993 (rendered March 23, 2026)
Ready to talk strategy? Call David Goad at 313-319-7688.
If you want to dig deeper into the local market, check out the Downriver MI Real Estate Guide. And if you want to get a better feel for who I am and how I work, here's the About David Goad — Downriver Realtor page. If you're comparing agents and trying to figure out who really knows this market, this page on the best Realtor in Downriver MI gives you more context too.
