SB 1082

SENATE BILL NO. 1082
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:
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Sec. 7. (1) The disclosures required by under this act shall must be made
on the following form:
SELLER'S DISCLOSURE STATEMENT
Property
Address:
__________________________________________
Street
_________________________________
Michigan
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City,
Village, or Township
Purpose of Statement:
This statement is a disclosure of the condition of the property in compliance
with the seller disclosure act. This statement is a disclosure of the condition
and information concerning the property, known by the seller. Unless otherwise
advised, the seller does not possess any expertise in construction,
architecture, engineering, or any other specific area related to the
construction or condition of the improvements on the property or the land.
Also, unless otherwise advised, the seller has not conducted any inspection of
generally inaccessible areas such as the foundation or roof. This statement is
not a warranty of any kind by the seller or by any agent representing the
seller in this transaction, and is not a substitute for any inspections or
warranties the buyer may wish to obtain.
Seller's
Disclosure: The seller discloses the following information with the knowledge
that even though this is not a warranty, the seller specifically makes the
following representations based on the seller's knowledge at the signing of
this document. Upon receiving On receipt of this statement from the seller, the
seller's agent is required to shall provide a copy to the buyer or the agent of the
buyer. The seller authorizes its agent(s) the seller's agent or agents to provide a copy of
this statement to any prospective buyer in connection with any actual or
anticipated sale of property. The following are representations made solely by
the seller and are not the representations of the seller's agent(s), agent or
agents, if any. THIS INFORMATION IS A DISCLOSURE ONLY AND IS NOT
INTENDED TO BE A PART OF ANY CONTRACT BETWEEN BUYER AND SELLER.
Instructions to the
Seller: (1) Answer ALL questions. (2)
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Report
known conditions affecting the property. (3) Attach additional pages with your
signature if additional space is required. (4) Complete this form yourself. (5)
If some items do not apply to your property, check NOT AVAILABLE. If you do not
know the facts, check UNKNOWN. FAILURE TO PROVIDE A PURCHASER WITH A SIGNED
DISCLOSURE STATEMENT WILL ENABLE A PURCHASER TO TERMINATE AN OTHERWISE BINDING
PURCHASE AGREEMENT.
Appliances/Systems/Services: The items below are in working order
(the items below are included in the sale of the property only if the
purchase agreement so provides):
Yes
No
Unknown
Not Available
Range/Ovenoven
____
____
____
____
Dishwasher
____
____
____
____
Refrigerator
____
____
____
____
Hood/fan
____
____
____
____
Disposal
____
____
____
____
TV
antenna, TV rotor & controls
____
____
____
____
Electrical
system
____
____
____
____
Garage
door opener & remote control
____
____
____
____
Alarm
system
____
____
____
____
Intercom
____
____
____
____
Central
vacuum
____
____
____
____
Attic
fan
____
____
____
____
Pool
heater, wall liner & equipment
____
____
____
____
Microwave
____
____
____
____
Trash
compactor
____
____
____
____
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Ceiling
fan
____
____
____
____
Sauna/hot
tub
____
____
____
____
Washer
____
____
____
____
Dryer
____
____
____
____
Lawn
sprinkler system
____
____
____
____
Water
heater
____
____
____
____
Plumbing
system
____
____
____
____
Water
softener/conditioner
____
____
____
____
Well
& pump
____
____
____
____
Septic
tank & drain field
____
____
____
____
Sump
pump
____
____
____
____
City Water Systemwater
system
____
____
____
____
City Sewer Systemsewer
system
____
____
____
____
Central
air conditioning
____
____
____
____
Central
heating system
____
____
____
____
Wall
furnace
____
____
____
____
Humidifier
____
____
____
____
Electronic
air filter
____
____
____
____
Solar
heating system
____
____
____
____
Fireplace
& chimney
____
____
____
____
Wood burning Wood-burning system
____
____
____
____
Explanations
(attach additional sheets if necessary):
_______________________________________________________________
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_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
UNLESS
OTHERWISE AGREED, ALL HOUSEHOLD APPLIANCES ARE SOLD IN WORKING ORDER EXCEPT
AS NOTED, WITHOUT WARRANTY BEYOND DATE OF CLOSING.
Property
conditions, improvements & additional information:
1.
Basement/crawl space:
Has there been evidence of water?
yes____
no____
If
yes, please explain: _____________________________________
2.
Insulation: Describe,
if known _______________________________
Urea
Formaldehyde Foam Insulation (UFFI) is installed?
unknown____
yes____
no____
3.
Roof: Leaks?
yes____
no____
Approximate
age if known ____________________________________
4.
Well: Type of well
(depth/diameter, age, and repair history, if known):
_________________________________________________________
Has
the water been tested?
yes____
no____
If
yes, date of last report/results: ________________________
5.
Septic tanks/drain fields: Condition, if known: ______________
_____________________________________________________________
6.
Heating System:Type/approximate
age: ________________________
7.
Plumbing system:
Type:copper____ galvanized____ other____
Any
known problems? _________________________________________
8.
Electrical system: Any
known problems? _______________________
9.
History of infestation, if any: (termites, carpenter ants, etc.)
_____________________________________________________________
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10.
Environmental Problems: problems: Are you aware of any substances, materials, or products
that may be an environmental hazard such as, but not limited to, asbestos,
radon gas, formaldehyde, lead-based paint, fuel or chemical storage tanks and
contaminated soil on the property.property?
unknown____
yes____
no____
If
yes, please explain:_____________________________________
11.
Flood insurance: Do you
have flood insurance on the property?
unknown____
yes____
no____
12.
Mineral rights: Do you
own the mineral rights?
unknown____
yes____
no____
Other
Items: Are you aware of
any of the following:
1.
Features of the property shared in common with the adjoining landowners, such
as walls, fences, roads and driveways, or other features whose use or
responsibility for maintenance may have an effect on the property?
unknown____
yes____
no____
2. Any
encroachments, easements, zoning violations, or nonconforming uses?
unknown____
yes____
no____
3. Any
"common areas" (facilities like pools, tennis courts, walkways, or
other areas co-owned with others), or a homeowners' association that has any
authority over the property?
unknown____
yes____
no____
4.
Structural modifications, alterations, or repairs made without necessary
permits or licensed contractors?
unknown____
yes____
no____
5.
Settling, flooding, drainage, structural, or grading problems?
unknown____
yes____
no____
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6.
Major damage to the property from fire, wind, floods, or landslides?
unknown____
yes____
no____
7. Any
underground storage tanks?
unknown____
yes____
no____
8.
Farm or farm operation in the vicinity; or proximity to a landfill, airport,
shooting range, etc.?
unknown____
yes____
no____
9. Any
outstanding utility assessments or fees, including any natural gas main
extension surcharge?
unknown____
yes____
no____
10.
Any outstanding municipal assessments or fees?
unknown____
yes____
no____
11. Any upcoming municipal assessments or fees?
unknown____
yes____
no____
11. 12. Any pending litigation that could affect
the property or the seller's right to convey the property?
unknown____
yes____
no____
If the answer to any of these questions is yes, please
explain.
Attach
additional sheets, if necessary: _________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
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The
seller has lived in the residence on the property from _________________
(date) to _________________ (date). The seller has owned the property since
_________________ (date). The seller has indicated above the condition of all
the items based on information known to the seller. If any changes occur in
the structural/mechanical/appliance systems of this property from the date of
this form to the date of closing, seller will immediately disclose the
changes to buyer. In no event shall the parties hold the broker liable for
any representations not directly made by the broker or broker's agent.
Seller
certifies that the information in this statement is true and correct to the
best of seller's knowledge as of the date of seller's signature.
BUYER
SHOULD OBTAIN PROFESSIONAL ADVICE AND INSPECTIONS OF THE PROPERTY TO MORE
FULLY DETERMINE THE CONDITION OF THE PROPERTY. THESE INSPECTIONS SHOULD TAKE
INDOOR AIR AND WATER QUALITY INTO ACCOUNT, AS WELL AS ANY EVIDENCE OF
UNUSUALLY HIGH LEVELS OF POTENTIAL ALLERGENS INCLUDING, BUT NOT LIMITED TO,
HOUSEHOLD MOLD, MILDEW AND BACTERIA.
BUYERS
ARE ADVISED THAT CERTAIN INFORMATION COMPILED PURSUANT TO THE SEX OFFENDERS
REGISTRATION ACT, 1994 PA 295, MCL 28.721 TO 28.732,
28.730, IS AVAILABLE TO THE PUBLIC.
BUYERS SEEKING THAT INFORMATION SHOULD CONTACT THE APPROPRIATE LOCAL LAW
ENFORCEMENT AGENCY OR SHERIFF'S DEPARTMENT DIRECTLY.
BUYER
IS ADVISED THAT THE STATE EQUALIZED VALUE OF THE PROPERTY, PRINCIPAL
RESIDENCE EXEMPTION INFORMATION, AND OTHER REAL PROPERTY TAX INFORMATION IS
AVAILABLE FROM THE APPROPRIATE LOCAL ASSESSOR'S OFFICE.
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BUYER
SHOULD NOT ASSUME THAT BUYER'S FUTURE TAX BILLS ON THE PROPERTY WILL BE THE
SAME AS THE SELLER'S PRESENT TAX BILLS. UNDER MICHIGAN LAW, REAL PROPERTY TAX
OBLIGATIONS CAN CHANGE SIGNIFICANTLY WHEN PROPERTY IS TRANSFERRED.
Seller_________________________
Date_________________________
Seller_________________________
Date_________________________
Buyer has read and acknowledges receipt
of this statement.
Buyer_______________
Date________________
Time:_______________
Buyer_______________
Date________________
Time:_______________
(2) A form
described in subsection (1) printed before January
1, 2006 the effective date of the amendatory
act that added subsection (3) that was in compliance with this section
at that the time
the form was printed may be utilized used and shall be is considered
to be in compliance with this section until April 1, 2006.60 days
after the effective date of the amendatory act that added subsection (3).
(3) If, at the time the form is provided, the seller has received notice
of an upcoming drain assessment, the seller or the seller's agent shall
disclose notice of the upcoming drain assessment with the form required under
subsection (1) whenever the seller or the seller's agent provides the form to a
prospective buyer or a prospective buyer's agent.