SELLER DISCLOSURE ACT
Act 92 of 1993
565.954 Written statement; delivery; time limits; compliance; terminating purchase agreement within certain time limits; expiration of right to terminate.
Sec. 4.
(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.
History: 1993, Act 92, Eff. Jan. 10, 1994
Notes of Decisions
Cited in
9
cases (
5 in the last 5 years), 2005–2026 · leading case:
Roberts v. Saffell, 760 N.W.2d 715 (Mich. Ct. App. 2008).
Roberts v. Saffell, 760 N.W.2d 715 (Mich. Ct. App. 2008).
· cites it 4× “" MCL 565.954(1). The form and substance of the written statement required by the act is set forth in MCL 565.”
Bergen v. Baker, 691 N.W.2d 770 (Mich. Ct. App. 2005).
· cites it 2× “2 MCL 565.954(1) provides that “[t]he transferor of any real property described in [MCL 565.”
Edward Scott Kondrat v. Arnold Servitto (Mich. Ct. App. 2019).
“MCL 565.954(1); MCL 565.957. To establish silent fraud, the plaintiff must prove more than the seller was aware of a hidden defect, and failed to disclose it.”
Lisa Jordan v. Victoria Rynbrandt (Mich. Ct. App. 2021).
“See MCL 565.954(3). Given Jordan’s legal option to cancel, the fact remains that Rynbrandt made false representations before their agreement was binding, and Rynbrandt cannot now claim that Jordan could not have relied on these false representations in the seller’s disclosure…”
Evduza Ramaj v. Todd Marra (Mich. Ct. App. 2022).
“The act requires a seller of real property to disclose personally known conditions and respond to inquiries by a prospective buyer. MCL 565.955-565.956, 565.964. The act itself does not create a private right of action for damages, but a breach of the act may support a…”
Amy Scotto-Divetta v. Ann Kawaske (Mich. Ct. App. 2025).
“” MCL 565.954(1). However, “[t]he transferor or his or her agent is not liable for any error, inaccuracy, or omission in any information delivered pursuant to this act if the error, inaccuracy, or omission was not within the personal knowledge of the transferor .”
Steven Mamat v. Robinson Realty & Mgmt. Grp. (Mich. Ct. App. 2026).
“As the seller’s agent, they were required to relay the Disclosure Statement to plaintiff when they received it from Howard and SRH Homes, see MCL 565.954(1), but they did not adopt those statements as their own just by providing a copy to plaintiff.”
— Mich. Comp. Laws § 565.954(1) — 6 cases
Roberts v. Saffell, 760 N.W.2d 715 (Mich. Ct. App. 2008).
“" MCL 565.954(1). The form and substance of the written statement required by the act is set forth in MCL 565.”
Bergen v. Baker, 691 N.W.2d 770 (Mich. Ct. App. 2005).
“2 MCL 565.954(1) provides that “[t]he transferor of any real property described in [MCL 565.”
Edward Scott Kondrat v. Arnold Servitto (Mich. Ct. App. 2019).
“MCL 565.954(1); MCL 565.957. To establish silent fraud, the plaintiff must prove more than the seller was aware of a hidden defect, and failed to disclose it.”
Amy Scotto-Divetta v. Ann Kawaske (Mich. Ct. App. 2025).
“” MCL 565.954(1). However, “[t]he transferor or his or her agent is not liable for any error, inaccuracy, or omission in any information delivered pursuant to this act if the error, inaccuracy, or omission was not within the personal knowledge of the transferor .”
— Mich. Comp. Laws § 565.954(3) — 3 cases
Lisa Jordan v. Victoria Rynbrandt (Mich. Ct. App. 2021).
“See MCL 565.954(3). Given Jordan’s legal option to cancel, the fact remains that Rynbrandt made false representations before their agreement was binding, and Rynbrandt cannot now claim that Jordan could not have relied on these false representations in the seller’s disclosure…”
— Mich. Comp. Laws § 565.954(l)(a) — 1 case
Bergen v. Baker, 691 N.W.2d 770 (Mich. Ct. App. 2005).
“2 MCL 565.954(1) provides that “[t]he transferor of any real property described in [MCL 565.”
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