Seller's Disclosure Statement, prescribed under the Michigan Seller Disclosure Act (MCL 565.951-565.966, Act 92 of 1993) — Michigan Compiled Laws 565.951 through 565.966, "Seller Disclosure Act," Act 92 of 1993, effective January 10, 1994. Last substantively amended by 2005 PA 163 (effective January 1, 2006); earlier amendments in 1995 PA 106, 1996 PA 92, and 2000 PA 12 and 13, and 2003 PA 130. Michigan is NOT a caveat emptor state for residential resales - it has a mandatory written disclosure statute - though the duty is knowledge-based rather than inspection-based, and common-law fraud/silent-fraud claims remain available after closing since the statute itself provides no post-closing damages remedy.
Michigan requires sellers of residential property (1-4 units) to complete and deliver a statutory "Seller's Disclosure Statement" to buyers before a binding purchase agreement is signed (MCL 565.957, 565.954). This is not a pure caveat emptor regime - Michigan mandates affirmative written disclosure by statute - but the standard is knowledge-based, not inspection-based: sellers must disclose defects they actually know about and are not required to hire inspectors, test for hazards, or investigate conditions they are unaware of. If the required disclosure is not delivered before the purchase agreement is signed, the buyer gets a statutory right to terminate the agreement within 72 hours of receiving it in person (or 120 hours if delivered by registered mail), and this termination right expires once that window closes or at closing, whichever is first. The Act itself provides no post-closing damages remedy, but Michigan courts allow buyers to pursue common-law fraud, silent fraud, misrepresentation, or negligence claims for knowingly concealed defects, generally within a 6-year discovery-based statute of limitations. A 2024 bill (HB 6173, introduced by Rep. Phil Skaggs, referred to the House Natural Resources, Environment, Tourism and Outdoor Recreation Committee) proposed requiring sellers to attach the most recent septic tank inspection report to the disclosure form, but it died in committee at the end of the 2023-2024 legislative session and was not enacted - current law does not require attaching a septic inspection report.
No enacted statutory amendments to the Seller Disclosure Act have taken effect since the 2005 PA 163 changes (effective 2006) - the core form and requirements in MCL 565.957 remain the same text used today. The only notable recent legislative activity is House Bill 6173 of 2024 (introduced Nov. 26, 2024 by Rep. Phil Skaggs), which would have amended MCL 565.957 to require sellers to attach their most recent septic tank inspection report whenever providing the disclosure form, plus minor wording/formatting cleanups. That bill died in committee (no further action after a Dec. 11, 2024 discharge notice) and was never passed, so it has no legal effect - any online source claiming a septic-report attachment is now mandatory is describing a failed bill, not current law. As of mid-2026, no new seller-disclosure legislation has been enacted in Michigan; sellers, agents, and researchers should verify against legislature.mi.gov before relying on any claimed 2025-2026 statutory change.
Facts on this page reflect research current as of 2026-07-05. Programs, rates, and laws change — confirm current figures with the relevant state agency before relying on them.