MYTH: Seller’s aren’t required to complete the Seller’s Disclosure Statement…..
Recently, Brian Westrin with Michigan REALTORS® released a Letter of the Law video titled “Seller Disclosure From the Buyer’s Perspective.” While the video offers helpful insight into how buyers should understand and rely on Seller’s Disclosure Statements, one portion has caused confusion among REALTORS® and sellers alike.
Specifically, the video states:
“There is no way to force a seller to provide a Seller’s Disclosure Statement, even where required by law. That said, it will be important for a buyer who does not receive a Seller’s Disclosure Statement to understand that he or she has the right to walk away from the transaction at any time before closing.”
Read the transcript to this video by logging into your Michigan REALTORS account at https://law.mirealtors.com/
What Michigan Law Actually Requires
Under the Michigan Seller Disclosure Act, sellers are required by state law to complete a Seller’s Disclosure Statement unless the transaction is legally exempt. While it is true that enforcement by the state is rare, the legal requirement still exists.
What WMLAR Requires
Regardless of state enforcement, the West Michigan Lakeshore Association of REALTORS® MLS DOES require compliance with Michigan law.
WMLAR policy requires that for every residential listing:
- A completed and signed Seller’s Disclosure Statement must be uploaded to the MLS, unless the property is legally exempt.
- Sellers may answer “Unknown” to questions, but a blank, unsigned, or “never lived in” disclosure is not acceptable.
- If the property is exempt, a Seller’s Disclosure Exemptions Statement must be completed and uploaded instead.
- Manufactured and mobile homes are considered residential properties and must comply with the Seller Disclosure Act under WMLAR rules.
For a full list of approved exemptions, members should refer to the Legal FAQs at MIREALTORS.com and/or state law.
A Reminder About Appliances
Noting that an appliance is in “working order” on the Seller’s Disclosure Statement does not automatically include that appliance in the sale. Appliances—like any other personal property—must be specifically negotiated and included in the purchase agreement.
The Big Picture
The Michigan REALTORS® video correctly emphasizes that buyers should view the Seller’s Disclosure Statement as a starting point, not a warranty or guarantee. Buyers are encouraged to conduct inspections, ask follow-up questions, and perform thorough due diligence before moving forward.
At the same time, WMLAR remains firm in its requirement that sellers comply with MLS rules and upload the appropriate disclosure documentation for every listing.
Clear disclosures protect sellers, buyers, and REALTORS®—and help transactions move forward with fewer surprises.
In closing:
MYTH: Seller’s aren’t required to complete the Seller’s Disclosure Statement…..
BUSTED! Seller’s are required to complete the Seller’s Disclosure Statement, however state enforcement is minimal to none. WMLAR MLS DOES require the Seller’s Disclosure Statement to be completed and uploaded into the MLS.
