Real Estate Law

Have Real Estate Law Questions? Ask a Real Estate Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Real Estate Law

In Michigan, how after selling a house is the seller liable

Customer Question
In Michigan, how long after...
In Michigan, how long after selling a house is the seller liable to problems. There was truthful full disclosure. Buyer had home inspected.
Submitted: 11 months ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 5 minutes by:
2/10/2017
Real Estate Lawyer: Ray, Lawyer replied 11 months ago
Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 44,464
Experience: Texas Attorney for 30 years dealing in real estate
Verified

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

Ask Your Own Real Estate Law Question
Customer reply replied 11 months ago
Ok, thank you.
Customer reply replied 11 months ago
Sorry, cannot talk am on lunch break at work.
Real Estate Lawyer: Ray, Lawyer replied 11 months ago

Arguably there is no liability when full disclosure was made on the seller disclosure at time of sale.

Michigan has law about seller disclosure and if this was complied with then no further legal liability.

MI Seller Disclosure Act - [Loislaw 8-14-2002]

565.951 Short title.
565.953 Seller disclosure requirements; exceptions.
565.954 Written statement; delivery; time limits; compliance; terminatingpurchase agreement within certain time limits; expiration of right to terminate.
565.955 Liability for error, inaccuracy, or omission; delivery as compliancewith requirements of act; conditions.
565.956 Disclosures; inaccuracy as result of action, occurrence, oragreement after delivery; unknown or unavailable information; basis.
565.957 Disclosure; form.
565.958 Availability of copies.
565.959 Additional disclosures.
565.960 Disclosure; good faith.
565.961 Other obligations created by law not limited.
565.962 Disclosure; amendment.
565.963 Disclosure; manner of delivery.
565.964 Transfer not invalidated by noncompliance.
565.965 Liability of agent.
565.966 Effective date.

565.951 Short title.
Sec. 1. This act shall be known and may be cited as the "seller disclosureact".
History: 1993, Act 92, Eff. Jan. 10, 1994.

565.952 Applicability of seller disclosure requirements.
Sec. 2. The seller disclosure requirements of sections 4 to 13 apply tothe transfer of any interest in real estate consisting of not less than1 or more than 4 residential dwelling units, whether by sale, exchange,installment land contract, lease with an option to purchase, any otheroption to purchase, or ground lease coupled with proposed improvementsby the purchaser or tenant, or a transfer of stock or an interest in aresidential cooperative.
History: 1993, Act 92, Eff. Jan. 10, 1994.

565.953 Seller disclosure requirements; exceptions.
Sec. 3. The seller disclosure requirements of sections 4 to 13 do not applyto any of the following:

(a) Transfers pursuant to court order, including, but not limited to, transfersordered by a probate court in administration of an estate, transfers pursuantto a writ of execution, transfers by any foreclosure sale, transfers bya trustee in bankruptcy, transfers by eminent domain, and transfers resultingfrom a decree for specific performance.
(b) Transfers to a mortgagee by a mortgagor or successor in interest whois in default, or transfers to a beneficiary of a deed of trust by a trustoror successor in interest who is in default.
(c) Transfers by a sale under a power of sale or any foreclosure sale undera decree of foreclosure after default in an obligation secured by a mortgageor deed of trust or secured by any other instrument containing a powerof sale, or transfers by a mortgagee or a beneficiary under a deed of trustwho has acquired the real property at a sale conducted pursuant to a powerof sale under a mortgage or deed of trust or a sale pursuant to a decreeof foreclosure or has acquired the real property by a deed in lieu of foreclosure.
(d) Transfers by a nonoccupant fiduciary in the course of the administrationof a decedent's estate, guardianship, conservatorship, or trust.
(e) Transfers from 1 co-tenant to 1 or more other co-tenants.
(f) Transfers made to a spouse, parent, grandparent, child, or grandchild.
(g) Transfers between spouses resulting from a judgment of divorce or ajudgment of separate maintenance or from a property settlement agreementincidental to such a judgment.
(h) Transfers or exchanges to or from any governmental entity.
(i) Transfers made by a person licensed under article 24 of Act No. 299of the Public Acts of 1980, being sections(###) ###-####to(###) ###-####of theMichigan Compiled Laws, of newly constructed residential property thathas not been inhabited.
History: 1993, Act 92, Eff. Jan. 10, 1994.

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 2shall deliver to the transferor's agent or to the prospective transfereeor the transferee's agent the written statement required by this act. Ifthe written statement is delivered to the transferor's agent, the transferor'sagent shall provide a copy to the prospective transferee or his or heragent. A written disclosure statement provided to a transferee'sagent shall be considered to have been provided to the transferee. Thewritten statement shall be delivered to the prospective transferee withinthe following time limits:

(a) In the case of a sale, before the transferor executes a binding purchaseagreement with the prospective transferee.
(b) In the case of transfer by an installment sales contract where a bindingpurchase agreement has not been executed, or in the case of a lease togetherwith an option to purchase or a ground lease coupled with improvementsby the tenant, before the transferor executes the installment sales contractwith the prospective transferee.

(2) With respect to any transfer subject to subsection (1), the transferorshall indicate compliance with this act either on the purchase agreement,the installment sales contract, the lease, or any addendum attached tothe purchase agreement, contract, or lease, or on a separate document.

(3) Except as provided in subsection (4), if any disclosure or amendmentof any disclosure required to be made by this act is delivered after thetransferor executes a binding purchase agreement, the prospective transfereemay terminate the purchase agreement by delivering written notice of terminationto the transferor or the transferor's agent within the following time limits:

(a) Not later than 72 hours after delivery of the disclosure statementto the prospective transferee, if the disclosure statement was deliveredto the prospective transferee in person.
(b) Not later than 120 hours after delivery of the disclosure statementto the prospective transferee, if the disclosure statement was deliveredto the prospective transferee by registered mail.

(4) A transferee's right to terminate the purchase agreement expires uponthe transfer of the subject property by deed or installment sales contract.
History: 1993, Act 92, Eff. Jan. 10, 1994.

565.955 Liability for error, inaccuracy, or omission; delivery as compliancewith requirements of act; conditions.

Sec. 5.

(1) The transferor or his or her agent is not liable for any error,inaccuracy, or omission in any information delivered pursuant to this actif the error, inaccuracy, or omission was not within the personal knowledgeof the transferor, or was based entirely on information provided by publicagencies or provided by other persons specified in subsection (3), andordinary care was exercised in transmitting the information. It is nota violation of this act if the transferor fails to disclose informationthat could be obtained only through inspection or observation of inaccessibleportions of real estate or could be discovered only by a person with expertisein a science or trade beyond the knowledge of the transferor.

(2) The delivery of any information required by this act to be disclosedto a prospective transferee by a public agency or other person specifiedin subsection (3) shall be considered to comply with the requirements ofthis act and relieves the transferor of any further duty under this actwith respect to that item of information, unless the transferor has knowledgeof a known defect or condition that contradicts the information providedby the public agency or the person specified in subsection (3).

(3) The delivery of a report or opinion prepared by a licensed professionalengineer, professional surveyor, geologist, structural pest control operator,contractor, or other expert, dealing with matters within the scope of theprofessional's license or expertise, is sufficient compliance for applicationof the exemption provided by subsection (1) if the information is providedupon the request of the prospective transferee, unless the transferor hasknowledge of a known defect or condition that contradicts the informationcontained in the report or opinion. In responding to a request by a prospectivetransferee, an expert may indicate, in writing, an understanding that theinformation provided will be used in fulfilling the requirements of section7 and, if so, shall indicate the required disclosures, or parts of disclosures,to which the information being furnished applies. In furnishing the statement,the expert is not responsible for any items of information other than thoseexpressly set forth in the statement.
History: 1993, Act 92, Eff. Jan. 10, 1994.

565.956 Disclosures; inaccuracy as result of action, occurrence, oragreement after delivery; unknown or unavailable information; basis.

Sec. 6. If information disclosed in accordance with this act becomes inaccurateas a result of any action, occurrence, or agreement after the deliveryof the required disclosures, the resulting inaccuracy does not constitutea violation of this act. If at the time the disclosures are requiredto be made, an item of information required to be disclosed under thisact is unknown or unavailable to the transferor, the transferor may complywith this act by advising a prospective purchaser of the fact that theinformation is unknown. The information provided to a prospective purchaserpursuant to this act shall be based upon the best information availableand known to the transferor.
History: 1993, Act 92, Eff. Jan. 10, 1994.

565.957 Disclosure; form.

Sec. 7. (1) The disclosures required by this act shall be made on the followingform:
[See USLF form # MI-37014]

565.958 Availability of copies.

Sec. 8. Copies of the form prescribed in section 7 shall be made availableto the public by all real estate brokers and real estate salespersons.
History: 1993, Act 92, Eff. Jan. 10, 1994.

565.959 Additional disclosures.

Sec. 9. A city, township, or county may require disclosures in additionto those disclosures required by section 7, and may require disclosureson a different disclosure form in connection with transactions subjectto this act.
History: 1993, Act 92, Eff. Jan. 10, 1994.

565.960 Disclosure; good faith.

Sec. 10. Each disclosure required by this act shall be made in good faith.For purposes of this act, "good faith" means honesty in fact in the conductof the transaction.
History: 1993, Act 92, Eff. Jan. 10, 1994.

565.961 Other obligations created by law not limited.

Sec. 11. The specification of items for disclosure in this act does notlimit or abridge any obligation for disclosure created by any other provisionof law regarding fraud, misrepresentation, or deceit in transfer transactions.

History: 1993, Act 92, Eff. Jan. 10, 1994.

565.962 Disclosure; amendment.

Sec. 12. Any disclosure made pursuant to this act may be amended in writing by the transferor, but the amendment is subject to section 4.

History: 1993, Act 92, Eff. Jan. 10, 1994.

565.963 Disclosure; manner of delivery.

Sec. 13. Delivery of a disclosure statement required by this act shallbe by personal delivery, facsimile delivery, or by registered mail to theprospective purchaser. Execution of a facsimile counterpart of the disclosurestatement shall be considered to be execution of the original.

History: 1993, Act 92, Eff. Jan. 10, 1994.

565.964 Transfer not invalidated by noncompliance.

Sec. 14. A transfer subject to this act shall not be invalidated solelybecause of the failure of any person to comply with a provision of thisact.

History: 1993, Act 92, Eff. Jan. 10, 1994.

565.965 Liability of agent.

Sec. 15. An agent of a transferor shall not be liable for any violationof this act by a transferor unless any agent knowingly acts in concertwith a transferor to violate this act.

History: 1993, Act 92, Eff. Jan. 10, 1994.

565.966 Effective date.

Sec. 16. This act shall take effect upon the expiration of 180 days afterthe date of its enactment.

History: 1993, Act 92, Eff. Jan. 10, 1994.

Ask Your Own Real Estate Law Question
Customer reply replied 11 months ago
Thank you!
Real Estate Lawyer: Ray, Lawyer replied 11 months ago

Any suit for breach of contract is barred after 6 years

Contracts

Breach of contract

—Generally

6 years

(###) ###-####8)

You are so welcome.If you can positive rate 5 stars it is much appreciated.

Ask Your Own Real Estate Law Question
Ask Ray Your Own Question
Ray
Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 44,464
44,464 Satisfied Customers
Experience: Texas Attorney for 30 years dealing in real estate

Ray is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

5,436 satisfied customers

17 years of legal experience including real estate law.

Barrister

Barrister

Lawyer

11,126 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

7,785 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

44,464 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,207 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,925 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

< Previous | Next >

Related Real Estate Law Questions
I am considering the purchase of a 1971 mobile home in
I am considering the purchase of a 1971 mobile home in California. What can I do to verify this home is in good condition, are disclosures required in California? I am going to have an inspection prio… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,316 satisfied customers
Can my ex boyfriend kick me and my sons (one of them being
can my ex boyfriend kick me and my sons (one of them being his) out of his house with an eviction notice? and can i fight this we have been living together since may 2014 … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,100 satisfied customers
I HAVE A CONDO QUESTION. FLORIDA. 15 YEAR OLD CONDO. HOW
I HAVE A CONDO QUESTION JA: What state are you in? It matters because laws vary by location. Customer: FLORIDA JA: Has anything been filed or reported? Customer: 15 YEAR OLD CONDO JA: Anything else yo… read more
Chad EA, CFP ®
Chad EA, CFP ®
IRS Enrolled Agent, CFP(R),
Master\u0027s Degree
1,061 satisfied customers
Got disconnected... In re: to my real estate questions, is
Got disconnected... In re: to my real estate questions, is this attorney a Texas attorney? … read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,286 satisfied customers
I have a commercial property in Chicago. my previous tenant
i have a commercial property in Chicago. my previous tenant is Sleepy's mattress. the Mattress Firm bought the company. i just wondering should i do a new contract with Mattress Firm or the old contra… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,316 satisfied customers
We are just coming out of a chapter 7 bankruptcy, we were in
We are just coming out of a chapter 7 bankruptcy, we were in foreclosure (we had tried to work things out and it just wasn't happening after 7 years) we had gotten wrapped up with a hard lender and th… read more
DrakeLAW
DrakeLAW
Juris Doctorate
965 satisfied customers
Our condominium complex is in need of major repairs. The HOA
Our condominium complex is in need of major repairs. The HOA is getting competitive bids, but they are not being transparent about the process. Information is being leaked to the community about the c… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,307 satisfied customers
I own a commercial building in Los Angeles county Ca. There
I own a commercial building in Los Angeles county Ca. There is an easement for a drive alley between my building and the adjacent building that allows access to each parking lot behind each building. … read more
Irwin Law
Irwin Law
Juris Doctor JD
7,088 satisfied customers
I allowed a woman to stay in my home to help her or give her
I allowed a woman to stay in my home to help her or give her shelter while she looks for a live-in care taking position (she will do elder care in exchange for housing) and told her she could stay onl… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,865 satisfied customers
Over the summer, because the current fence on the borderline
Over the summer, because the current fence on the borderline was not maintained. We were putting a fence on our border and our neighbor said to put it on the borderline. They did not pay for anything. Now it is winter and they are complaining of the drainage in their yard. that it is a pond. The ground is frozen and we have been getting rain the past few days. We have always had drainage problems from our neighbor surface water and sump pump drain drains right into our yard. They are saying we did something on our side of the fence. … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I'm just recently under contract to purchase a home in a 55+
I'm just recently under contract to purchase a home in a 55+ community. It was just brought to my attention that I must sign an affidavit noting that I will make this my primary home. This would be a … read more
Ray
Ray
Lawyer
44,464 satisfied customers
My question is a little difficult I hope you can understand.
Second opinion] My question is a little difficult I hope you can understand. I'm married and recently won a lawsuit settlement. I purchased a house but I put the house in my wife's son name. My wife a… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
A lease was in affect for 2 years, and it was a 5 year
A lease was in affect for 2 years , and it was a 5 year lease , my landlord petition me into court and said he never received the lease , and tru the courts demanded that i vacate , and is trying to b… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,131 satisfied customers
Have a HOA board that has not changed in almost 10 years,
Have a HOA board that has not changed in almost 10 years, only 2 meetings in last 5 years, no financial reports distributed, 16 out of 18 units not paying HOA dues including President. What should I d… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,785 satisfied customers
I just moved out of my San Francisco residence. I found
I just moved out of my San Francisco residence. I found replacement tenants to sign a new 12 month lease for $50 more a month than I paid, which my landlord was very happy about.Now that I'm moved bac… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,307 satisfied customers
I am in a similar situation. My wife and stepdaughter had me
I am in a similar situation. My wife and stepdaughter had me sign a inter spousal transfer deed for the sole reason of divesting my community property interest, my wife passed away unexpectedly, we li… read more
Ray
Ray
Lawyer
44,464 satisfied customers
My sister's husband just passed suddenly, and their house is
My sister's husband just passed suddenly, and their house is on her husband's name alone, but the home insurance is in both names, and they have a 10 year old daughter. How does she get the bank to al… read more
Ray
Ray
Lawyer
44,464 satisfied customers
My daughter and her boyfriend and their (soon to be) 6
Second opinion] My daughter and her boyfriend and their (soon to be) 6 children came to live with us around March 1, 2017. We agreed they could live with us for 2 months while they got "on their feet.… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,316 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x