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The State of Michigan requires a home seller to
disclose all known problems and other facts that
materially affect the value or desirability of
the property being sold.
The seller is required to make known everything
that might be of concern to
a potential buyer.
This includes any environmental issues, parking
situations, easements, shared fences or
driveways, and the physical condition of the
home’s structure, appliances and various
systems. Even if the seller has
resolved the
problem, such as re-shingling the home to cure a
leak in the roof,
it must be disclosed.
The seller is not
required to “guess.” If he doesn’t know the age
of the furnace, he should simply state that he
doesn’t know. This is common in the sale of an
estate property where the seller may have never
lived in the home. |
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The seller is not
expected to have expertise in construction,
engineering, or architecture and is not required
to have inspected inaccessible areas such as the
roof or foundation. However, the seller must
disclose all that he is aware of, through
knowledge or observation.
 Lead-based
paint
Houses built before 1978 likely have
paint that contains lead. This paint is called
lead-based paint. Lead-based paint in good
condition is usually not a problem. However, as
paint ages it peels, chips, cracks, and develops
a chalklike coating. Disturbing the paint's
surface will cause lead contaminated dust to
become a part of your living environment. A
person can get lead in their body simply by
breathing or swallowing the dust created by
vacuuming, sweeping, or dusting.
Lead in the human
body can cause damage to the brain and nervous
system, hyperactivity, slowed growth, high blood
pressure, digestive problems, hearing problems
and headaches. Lead is more dangerous to
children because babies and young children put
their hands and other objects in their mouths.
Law requires
sellers to provide a disclosure indicating
whether or not they have knowledge of the
presence of lead-based paint in their home. Most
sellers have no idea, since the lead-based paint
has often been thoroughly recoated with
lead-free paint and in no longer a problem.
Seller’s disclosure
forms
Standard disclosure forms are provided to the
seller at the time he lists his home through a
Realtor. The seller is asked to provide
information about each of the following items:
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Working
condition of the appliances and other
systems.
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If there have
ever been roof leaks.
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Evidence of
water in the basement or crawl space.
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Condition and
type of insulation.
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Condition of
the well and septic, including when the
septic system was last pumped.
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Any electrical
problems.
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Age and type
of plumbing.
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Age and type
of the heating system and water heater.
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Pest
infestation from termites, carpenter ants,
and other home destroying critters.
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Presence of
any hazardous materials, including asbestos,
radon gas, fuel tanks, formaldehyde,
lead-based paint, or contaminated soil.
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Will mineral
rights be transferred with the property?
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Are there any
encroachments, easements, zoning violations,
or nonconforming uses?
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Evidence of
settling, flooding, drainage, or grading
problems.
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Proximity to
airport, shooting range, farm operation or
other nuisances.
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Outstanding
assessments or fees.
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Pending or
continuing litigation that could affect the
buyer.
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Is any part of
the property a designated wetland?
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Any
underground fuel or storage tanks.
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Is the
property in a restricted parking area?
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Is the home
located in a historic district?
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Are there any
leases, encumbrances, or reservations, such
as mineral or timber rights?
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If the
property is currently being used a rental?
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Is there any
features of the property shared with other
landowners, such as fences, walls, shared
drive, landscaping?
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Are there any
"common areas", such as tennis courts,
swimming pools, walkways, recreation areas?
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Structural
modifications, repairs, or alterations made
to the property without building permits or
licensed contractors.
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How long the
seller has owned and/or lived in the home.
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