Sellers disclosure michigan 2026

The statutes of limitations of Michigan are generally three years for fraud and six years for a bDocHub of contract. Most people do not want to have to worry for years about whether or not the purchaser in a real estate transaction will sue the seller or realtor several years later.

Under the Michigan Seller Disclosure Act, sellers are required by state law to complete a Sellers Disclosure Statement unless the transaction is legally exempt. While it is true that enforcement by the state is rare, the legal requirement still exists.Feb 5, 2026

In California real estate, sellers of one to four residential units are generally required to complete a Transfer Disclosure Statement (TDS), so those not exempt include most individual sellers, trustees who have lived in or owned the property recently, and sellers in standard sales, while exemptions often apply to foreclosures, court-ordered sales (like some probate), and transfers to certain relatives, but even then, sellers must disclose known material defects. Who is Not Exempt (Must Complete the TDS) Most Individual Sellers: The primary rule is that sellers of 1-4 unit residential properties must provide the TDS to buyers. Trustees with Knowledge: A trustee selling a trust property is not exempt if they lived in the property in the past year or ever owned it before transferring it to the trust. Sellers in As-Is Sales: Even in as-is sales, sellers must still complete the TDS and disclose known material facts, as the form itself doesnt allow evasion of this duty. Common Exemptions (Who May Not Need the Full TDS) Foreclosures Court-Ordered Sales: Transfers resulting from foreclosures or court orders (like bankruptcy sales) are often exempt from the full TDS. Probate Sales: Certain probate sales may be exempt from the TDS, though other disclosures (like NHD and lead paint) are still required. Transfers Between Co-Owners/Family: Transfers between spouses, parents/children, or co-owners can be exempt. First Sale of a New Dwelling: The very first transfer of a never-occupied new home might be exempt in some states (like Virginia/Alaska). Key Takeaway: Even when exempt from filling out the entire TDS form, sellers (especially fiduciaries like trustees) still have a legal duty to disclose any known material facts about the propertys condition or history that could affect its value. AI can make mistakes, so double-check responsesWhen Are Sellers Exempt From Certain Disclosures in California California real estate law requires sellers to disclose all known material facts about a property that could impact its value, eveLucas Real EstateRequired Disclosures for Selling a Probate Property in California Justin BorgesMay 15, 2025Justin Borges

If a seller knew about defects, concealed them, or intentionally lied on the disclosure form, they can be held responsible for fraud or misrepresentation.Dec 6, 2025

Not all properties or sellers are required to provide disclosures under Michigan law. Some exceptions include: Transfers between co-owners, such as spouses or family members. Sales ordered by a court, such as foreclosures or estate sales.Dec 22, 2025