February 6, 2008, Introduced by Reps. Miller, Vagnozzi, Constan, Donigan, Meisner, Espinoza, LeBlanc, Kathleen Law, Jackson, Condino, Hammon, Gonzales and Wenke and referred to the Committee on Regulatory Reform.
A bill to amend 1993 PA 92, entitled
"Seller disclosure act,"
by amending section 7 (MCL 565.957), as amended by 2005 PA 163.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 7. (1) The disclosures required by this act shall be
2 made on the following form:
3 SELLER'S DISCLOSURE STATEMENT
4 Property Address: __________________________________________
5 Street
6 _________________________________ Michigan
7 City, Village, or Township
8 Purpose of Statement: This statement is a disclosure of the
9 condition of the property in compliance with the seller
10 disclosure act. This statement is a disclosure of the condition
1 and information concerning the property, known by the seller.
2 Unless otherwise advised, the seller does not possess any
3 expertise in construction, architecture, engineering, or any
4 other specific area related to the construction or condition of
5 the improvements on the property or the land. Also, unless
6 otherwise advised, the seller has not conducted any inspection of
7 generally inaccessible areas such as the foundation or roof. This
8 statement is not a warranty of any kind by the seller or by any
9 agent representing the seller in this transaction, and is not a
10 substitute for any inspections or warranties the buyer may wish
11 to obtain.
12 Seller's Disclosure: The seller discloses the following
13 information with the knowledge that even though this is not a
14 warranty, the seller specifically makes the following
15 representations based on the seller's knowledge at the signing of
16 this document. Upon receiving this statement from the seller, the
17 seller's agent is required to provide a copy to the buyer or the
18 agent of the buyer. The seller authorizes its agent(s) to provide
19 a copy of this statement to any prospective buyer in connection
20 with any actual or anticipated sale of property. The following
21 are representations made solely by the seller and are not the
22 representations of the seller's agent(s), if any. THIS
23 INFORMATION IS A DISCLOSURE ONLY AND IS NOT INTENDED TO BE A PART
24 OF ANY CONTRACT BETWEEN BUYER AND SELLER.
25 Instructions to the Seller: (1) Answer ALL questions. (2)
26 Report known conditions affecting the property. (3) Attach
27 additional pages with your signature if additional space is
1 required. (4) Complete this form yourself. (5) If some items do
2 not apply to your property, check NOT AVAILABLE. If you do not
3 know the facts, check UNKNOWN. FAILURE TO PROVIDE A PURCHASER
4 WITH A SIGNED DISCLOSURE STATEMENT WILL ENABLE A PURCHASER TO
5 TERMINATE AN OTHERWISE BINDING PURCHASE AGREEMENT.
6 Appliances/Systems/Services: The items below are in working order
7 (the items below are included in the sale of the property only if
8 the purchase agreement so provides):
9 Not
10 Yes No Unknown Available
11 Range/Oven ____ ____ ____ ____
12 Dishwasher ____ ____ ____ ____
13 Refrigerator ____ ____ ____ ____
14 Hood/fan ____ ____ ____ ____
15 Disposal ____ ____ ____ ____
16 TV antenna, TV rotor
17 & controls ____ ____ ____ ____
18 Electrical system ____ ____ ____ ____
19 Garage door opener &
20 remote control ____ ____ ____ ____
21 Alarm system ____ ____ ____ ____
22 Intercom ____ ____ ____ ____
23 Central vacuum ____ ____ ____ ____
24 Attic fan ____ ____ ____ ____
25 Pool heater, wall
26 liner & equipment ____ ____ ____ ____
27 Microwave ____ ____ ____ ____
28 Trash compactor ____ ____ ____ ____
1 Ceiling fan ____ ____ ____ ____
2 Sauna/hot tub ____ ____ ____ ____
3 Washer ____ ____ ____ ____
4 Dryer ____ ____ ____ ____
5 Lawn sprinkler system ____ ____ ____ ____
6 Water heater ____ ____ ____ ____
7 Plumbing system ____ ____ ____ ____
8 Water
9 softener/conditioner ____ ____ ____ ____
10 Well & pump ____ ____ ____ ____
11 Septic tank & drain
12 field ____ ____ ____ ____
13 Sump pump ____ ____ ____ ____
14 City Water System ____ ____ ____ ____
15 City Sewer System ____ ____ ____ ____
16 Central air
17 conditioning ____ ____ ____ ____
18 Central heating system ____ ____ ____ ____
19 Wall furnace ____ ____ ____ ____
20 Humidifier ____ ____ ____ ____
21 Electronic air filter ____ ____ ____ ____
22 Solar heating system ____ ____ ____ ____
23 Fireplace & chimney ____ ____ ____ ____
24 Wood burning system ____ ____ ____ ____
25 Explanations (attach additional sheets if necessary):
26 _______________________________________________________________
27 _______________________________________________________________
28 _______________________________________________________________
29 _______________________________________________________________
30 _______________________________________________________________
31 UNLESS OTHERWISE AGREED, ALL HOUSEHOLD APPLIANCES ARE SOLD IN
1 WORKING ORDER EXCEPT AS NOTED, WITHOUT WARRANTY BEYOND DATE OF
2 CLOSING.
3 Property conditions, improvements & additional information:
4 1. Basement/crawl space: Has there been evidence of water?
5 yes____ no____
6 If yes, please explain: _____________________________________
7 2. Insulation: Describe, if known ______________________________
8 Urea Formaldehyde Foam Insulation (UFFI) is installed?
9 unknown____ yes____ no____
10 3. Roof: Leaks? yes____ no____
11 Approximate age if known ____________________________________
12 4. Well: Type of well (depth/diameter, age, and repair history,
13 if known): __________________________________________________
14 Has the water been tested? yes____ no____
15 If yes, date of last report/results: ________________________
16 5. Septic tanks/drain fields: Condition, if known: _____________
17 _____________________________________________________________
18 6. Heating System: Type/approximate age: _______________________
19 7. Plumbing system: Type: copper___ galvanized___ other___
20 Any known problems? _________________________________________
21 8. Electrical system: Any known problems? ______________________
22 _____________________________________________________________
23 9. History of infestation, if any: (termites, carpenter ants,
24 etc.) _______________________________________________________
25 10. Environmental Problems: Are you aware of any substances,
26 materials, or products that may be an environmental hazard
27 such as, but not limited to, asbestos, radon gas,
28 formaldehyde, lead-based paint, fuel or chemical storage
29 tanks and contaminated soil on the property.
30 unknown___ yes___ no___
31 If yes, please explain: _____________________________________
1 _____________________________________________________________
2 11. Flood insurance: Do you have flood insurance on the
3 property? unknown ___yes ___no___
4 12. Mineral rights: Do you own the mineral rights?
5 unknown___ yes___ no___
6 Other Items: Are you aware of any of the following:
7 1. Features of the property shared in common with the adjoining
8 landowners, such as walls, fences, roads and driveways, or
9 other features whose use or responsibility for maintenance
10 may have an effect on the property?
11 unknown___ yes___ no___
12 2. Any encroachments, easements, zoning violations, or
13 nonconforming uses? unknown___ yes___ no___
14 3. Any "common areas" (facilities like pools, tennis courts,
15 walkways, or other areas co-owned with others), or a
16 homeowners' association that has any authority over the
17 property? unknown___ yes___ no___
18 4. Structural modifications, alterations, or repairs made
19 without necessary permits or licensed contractors?
20 unknown___ yes___ no___
21 5. Settling, flooding, drainage, structural, or grading
22 problems? unknown___ yes___ no___
23 6. Major damage to the property from fire, wind, floods, or
24 landslides? unknown___ yes___ no___
25 7. Any underground storage tanks? unknown___ yes___ no___
26 8. Farm or farm operation in the vicinity; or proximity
27 to a landfill, airport, shooting range, etc.?
28 unknown___ yes___ no___
29 9. Any outstanding utility assessments or fees, including
30 any natural gas main extension surcharge?
31 unknown___ yes___ no___
1 10. Any outstanding municipal assessments or fees?
2 unknown___ yes___ no___
3 11. Any pending litigation that could affect the property
4 or the seller's right to convey the property?
5 unknown___ yes___ no___
6 If the answer to any of these questions is yes, please explain.
7 Attach additional sheets, if necessary:__________________________
8 _________________________________________________________________
9 _________________________________________________________________
10 _________________________________________________________________
11 _________________________________________________________________
12 The seller has lived in the residence on the property from
13 _________________ (date) to _________________ (date). The seller
14 has owned the property since ___________________ (date). The
15 seller has indicated above the condition of all the items based
16 on information known to the seller. If any changes occur in the
17 structural/mechanical/appliance systems of this property from the
18 date of this form to the date of closing, seller will immediately
19 disclose the changes to buyer. In no event shall the parties hold
20 the broker liable for any representations not directly made by the
21 broker or broker's agent.
22 Seller certifies that the information in this statement is true
23 and correct to the best of seller's knowledge as of the date of
24 seller's signature.
25 BUYER SHOULD OBTAIN PROFESSIONAL ADVICE AND INSPECTIONS
26 OF THE PROPERTY TO MORE FULLY DETERMINE THE CONDITION
27 OF THE PROPERTY. THESE INSPECTIONS SHOULD TAKE INDOOR
28 AIR AND WATER QUALITY INTO ACCOUNT, AS WELL AS ANY
29 EVIDENCE OF UNUSUALLY HIGH LEVELS OF POTENTIAL ALLERGENS
30 INCLUDING, BUT NOT LIMITED TO, HOUSEHOLD MOLD, MILDEW AND
1 BACTERIA.
2 BUYERS ARE ADVISED THAT CERTAIN INFORMATION COMPILED
3 PURSUANT TO THE SEX OFFENDERS REGISTRATION ACT,
4 1994 PA 295, MCL 28.721 TO 28.732, IS AVAILABLE TO
5 THE PUBLIC. BUYERS SEEKING THAT INFORMATION SHOULD
6 CONTACT THE APPROPRIATE LOCAL LAW ENFORCEMENT AGENCY
7 OR SHERIFF'S DEPARTMENT DIRECTLY.
8 BUYER IS ADVISED THAT THE STATE EQUALIZED VALUE OF
THE
9 PROPERTY, PRINCIPAL RESIDENCE EXEMPTION INFORMATION,
10 AND OTHER REAL PROPERTY TAX INFORMATION IS AVAILABLE
11 FROM THE APPROPRIATE LOCAL ASSESSOR'S OFFICE.
12 BUYER
SHOULD NOT ASSUME THAT BUYER'S FUTURE TAX BILLS ON
13 THE
PROPERTY WILL BE THE SAME AS THE SELLER'S PRESENT TAX
14 BILLS.
UNDER MICHIGAN LAW, REAL PROPERTY TAX OBLIGATIONS
15 CAN
CHANGE SIGNIFICANTLY WHEN PROPERTY IS TRANSFERRED.
16 Seller____________________ Date_______________________
17 Seller____________________ Date_______________________
18 Buyer has read and acknowledges receipt of this statement.
19 Buyer_______________ Date________________ Time:_______________
20 Buyer_______________ Date________________ Time:_______________
21 BUYER IS ADVISED THAT THE STATE EQUALIZED VALUE OF THE
22 PROPERTY, PRINCIPAL RESIDENCE EXEMPTION INFORMATION,
23 AND OTHER REAL PROPERTY TAX INFORMATION IS AVAILABLE
24 FROM THE APPROPRIATE LOCAL ASSESSOR'S OFFICE.
25 BUYER SHOULD NOT ASSUME THAT BUYER'S FUTURE TAX BILLS ON
26 THE PROPERTY WILL BE THE SAME AS THE SELLER'S PRESENT TAX
27 BILLS. UNDER MICHIGAN LAW, REAL PROPERTY TAX OBLIGATIONS
28 CAN CHANGE SIGNIFICANTLY WHEN PROPERTY IS TRANSFERRED.
29 Buyer has read and acknowledges the statement above.
1 Buyer_______________ Date________________ Time:_______________
2 Buyer_______________ Date________________ Time:_______________
3 (2) A form described in subsection (1) printed before
4 January 1, 2006 the
effective date of the 2007 amendatory act
5 that amended this section that was in compliance with this
6 section at that time may be utilized and shall be considered in
7 compliance with this section until April 1, 2006 180 days after
8 the effective date of the 2007 amendatory act that amended this
9 section.