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Seller's Disclosure Act of 1993
Instructor: John Henderson
Module 1 Lesson 1 – Who and who doesn’t require a Seller Disclosure
The Seller Disclosure Act applies to all real estate consisting of 1 to 4 dwelling units being sold, exchanged, land contracted, leased with an option, optioned to purchase or transfer of any interests.
There are a few exceptions when a Seller Disclosure is not required:
Sale of new construction (never inhabited) by a licensed builder
Transfer by court order
Transfer by foreclosure sale
Transfer by bankruptcy
Transfer between co-tenants
Transfer between a spouse, parent, grandparent, child, or grandchild
Transfer to ex-spouse through divorce decree
Transfer to/from any government entity
If the seller delivers the written disclosure to their agent or to the buyer’s agent, it is considered delivered to the buyer.
The rules regarding the timing of delivering a Seller Disclosure are:
Must be delivered prior to the execution of a binding contract.
Must indicate seller compliance on the purchase agreement.
Buyer may terminate purchase agreement if delivery of disclosure is not received within 72 hours.
A buyer’s right to terminate purchase agreement expires upon completion of the transfer/ transaction
565.951 Short title.
This act shall be known and may be cited as the “seller disclosure act”.
565.952 Applicability of seller disclosure requirements.
The seller disclosure requirements of sections 4 to 13 apply to the transfer of any interest in real estate consisting of not less than 1 or more than 4 residential dwelling units, whether by sale, exchange, installment land contract, lease with an option to purchase, any other option to purchase, or ground lease coupled with proposed improvements by the purchaser or tenant, or a transfer of stock or an interest in a residential cooperative.
565.953 Seller disclosure requirements; exceptions.
The seller disclosure requirements of sections 4 to 13 do not apply to any of the following:
(a) Transfers pursuant to court order, including, but not limited to, transfers ordered by a probate court in administration of an estate, transfers pursuant to a writ of execution, transfers by any foreclosure sale, transfers by a trustee in bankruptcy, transfers by eminent domain, and transfers resulting from a decree for specific performance.
(b) Transfers to a mortgagee by a mortgagor or successor in interest who is in default, or transfers to a beneficiary of a deed of trust by a trustor or successor in interest who is in default.
(c) Transfers by a sale under a power of sale or any foreclosure sale under a decree of foreclosure after default in an obligation secured by a mortgage or deed of trust or secured by any other instrument containing a power of sale, or transfers by a mortgagee or a beneficiary under a deed of trust who has acquired the real property at a sale conducted pursuant to a power of sale under a mortgage or deed of trust or a sale pursuant to a decree of foreclosure or has acquired the real property by a deed in lieu of foreclosure.
(d) Transfers by a non-occupant fiduciary in the course of the administration of a decedent's estate, guardianship, conservatorship, or trust.
(e) Transfers from 1 co-tenant to 1 or more other co-tenants.
(f) Transfers made to a spouse, parent, grandparent, child, or grandchild.
(g) Transfers between spouses resulting from a judgment of divorce or a judgment of separate maintenance or from a property settlement agreement incidental to such a judgment.
(h) Transfers or exchanges to or from any governmental entity.
(i) Transfers made by a person licensed under article 24 of Act No. 299 of the Public Acts of 1980, being sections 339.2401 to 339.2412 of the Michigan Compiled Laws, of newly constructed residential property that has not been inhabited.
565.954 Written statement; delivery; time limits; compliance; terminating purchase agreement within certain time limits; expiration of right to terminate.
(1) The transferor of any real property described in section 2 shall deliver to the transferor's agent or to the prospective transferee or the transferee's agent the written statement required by this act. If the written statement is delivered to the transferor's agent, the transferor's agent shall provide a copy to the prospective transferee or his or her agent. A written disclosure statement provided to a transferee's agent shall be considered to have been provided to the transferee. The written statement shall be delivered to the prospective transferee within the following time limits:
(a) In the case of a sale, before the transferor executes a binding purchase agreement with the prospective transferee.
(b) In the case of transfer by an installment sales contract where a binding purchase agreement has not been executed, or in the case of a lease together with an option to purchase or a ground lease coupled with improvements by the tenant, before the transferor executes the installment sales contract with the prospective transferee.
(2) With respect to any transfer subject to subsection (1), the transferor shall indicate compliance with this act either on the purchase agreement, the installment sales contract, the lease, or any addendum attached to the purchase agreement, contract, or lease, or on a separate document.
(3) Except as provided in subsection (4), if any disclosure or amendment of any disclosure required to be made by this act is delivered after the transferor executes a binding purchase agreement, the prospective transferee may terminate the purchase agreement by delivering written notice of termination to the transferor or the transferor's agent within the following time limits:
(a) Not later than 72 hours after delivery of the disclosure statement to the prospective transferee, if the disclosure statement was delivered to the prospective transferee in person.
(b) Not later than 120 hours after delivery of the disclosure statement to the prospective transferee, if the disclosure statement was delivered to the prospective transferee by registered mail.
(4) A transferee's right to terminate the purchase agreement expires upon the transfer of the subject property by deed or installment sales contract.