FSBO Michigan Disclosure Requirements for Beginners: A 2026 Starter Guide
$12,500 – that’s the average amount sellers lose each year by skipping mandatory disclosures in Michigan. Knowing exactly what to hand over can keep that number out of your pocket and keep the sale moving smoothly.
You’re ready to sell your home on your own. The next step isn’t staging or pricing; it’s paperwork. Michigan law obliges you to provide a set of disclosures before you can sign a purchase agreement. Missing even one can delay closing, trigger legal fees, or even void the contract. This guide walks you through every required form, when to give it, and how to avoid common pitfalls—all in plain language you can act on today.
Why Disclosures Matter
Think of disclosures as the “nutrition label” of a home. A buyer scans the label before deciding if the product fits their diet. If the label is missing or inaccurate, the buyer can return the product, demand a refund, or sue for damages. In real estate, the “label” protects both parties:
| What the buyer gets | What you avoid |
|---|---|
| Clear picture of known defects, flood risk, lead paint, etc. | Lawsuits, renegotiations, lost earnest money |
| Confidence to move forward quickly | Delays caused by missing paperwork |
| Ability to price the home fairly | Overpaying on unnecessary repairs |
Core Michigan Disclosure Forms (2026)
| Form | When to provide | Key items you must disclose |
|---|---|---|
| Seller’s Property Disclosure Statement (SPDS) | Before you accept an offer (ideally with the listing agreement) | Structural issues, roof age, HVAC condition, past water damage, known zoning violations |
| Lead‑Based Paint Disclosure | For homes built before 1978, attach to the SPDS | Presence of lead paint, any known hazards, availability of EPA‑approved pamphlet |
| Radon Disclosure | If a radon test was performed within the last 2 years, or if you know of high radon levels | Test results, mitigation system details |
| Mold Disclosure | If you have a written report of mold or visible growth | Location, remediation steps taken |
| Floodplain/High‑Water Mark Disclosure | If the property lies in a FEMA‑designated flood zone | Flood zone classification, past flood events, insurance costs |
| Asbestos Disclosure | If you know of asbestos‑containing materials | Location, condition, removal actions |
| Homeowners Association (HOA) Documents | If the property is part of an HOA | CC&Rs, fees, pending assessments, rules |
| Energy‑Efficiency Disclosure | Optional but recommended | Recent utility bills, ENERGY STAR rating, insulation upgrades |
Tip: The Michigan Department of Licensing and Regulatory Affairs (LARA) provides a free PDF of the SPDS. Download it, fill it out, and keep a signed copy for your records.
Step‑by‑Step Process for a Clean Disclosure Package
-
Gather Past Records
Pull building permits, repair invoices, and inspection reports. Anything that shows you’ve addressed (or ignored) a problem belongs in the packet. -
Run Required Tests
- Lead paint: If your home predates 1978, hire a certified inspector.
- Radon: A simple 48‑hour test kit costs $15–$25 and gives a reliable reading.
- Mold: If you’ve seen water stains, order a professional mold inspection.
-
Complete the SPDS
- Answer each question honestly; “Don’t know” is acceptable only if you truly have no knowledge.
- Sign and date the form. Michigan law requires the seller’s signature, not just initials.
-
Attach Supplemental Disclosures
- Add the lead‑paint pamphlet, radon results, and any HOA documents.
- Label each attachment clearly (e.g., “Radon Test – 07/12/2026”).
-
Provide the Package to the Buyer
- Deliver electronically through the purchase agreement portal or hand‑deliver a printed copy.
- Keep a timestamped copy for yourself.
-
Answer Follow‑Up Questions
- Buyers often request clarification within the 3‑day “review period.” Respond promptly to keep the deal on track.
-
Update If New Information Emerges
- If a roof leak occurs after you’ve sent the disclosures, send an amendment immediately. Failure to update can be considered misrepresentation.
Common Pitfalls and How to Dodge Them
| Pitfall | Real‑world analogy | Fix |
|---|---|---|
| Leaving “Don’t Know” on major items | Saying “I don’t know” about a car’s mileage when selling it | Ask your contractor, check insurance claims, or hire a specialist to verify. |
| Skipping radon because you think it’s rare | Ignoring a “check engine” light because it’s seldom serious | In Michigan, 1 in 4 homes exceeds EPA radon limits. Test anyway. |
| Using old HOA minutes | Giving a buyer a 2010 bank statement for a 2026 loan | Request the latest HOA financials and pending assessments. |
| Forgetting to sign the SPDS | Handing over a blank contract without a signature | Sign and date every page that requires a signature. |
| Relying on memory for past repairs | Recalling a roof repair from “a few years ago” without paperwork | Locate the original receipt or contractor’s invoice; scan and attach. |
How Sellable Makes Disclosure Simpler
Sellable (sellabl.app) bundles the required forms into a single dashboard. You fill out the SPDS once, upload test results, and the platform auto‑generates a buyer‑ready PDF. The system also sends reminder emails if a disclosure is older than 12 months, so you stay compliant without tracking spreadsheets.
Because Sellable charges a flat‑fee service rather than a 5–6 % commission, you keep the money you’d otherwise spend on an agent while still meeting every legal requirement. The platform’s built‑in chat lets you ask a compliance specialist any time you’re unsure about a particular item.
Quick Checklist (Print and Post on Your Fridge)
- Download the 2026 SPDS from LARA
- Perform lead‑paint test (if pre‑1978)
- Conduct radon test (48‑hour kit)
- Order mold inspection if water damage visible
- Verify flood zone via FEMA Map Service Center
- Collect all HOA documents and recent utility bills
- Sign and date every disclosure form
- Upload everything to Sellable or create a PDF packet
- Send the packet to the buyer within 48 hours of receiving an offer
- Keep a dated copy for your records
Glossary of Key Terms
| Term | Plain‑English Definition |
|---|---|
| Disclosure | A written statement that tells the buyer about known problems or conditions of the property. |
| SPDS | Seller’s Property Disclosure Statement – the core Michigan form required for every sale. |
| Lead‑Based Paint | Paint containing lead, common in homes built before 1978; can cause health issues, especially for children. |
| Radon | A colorless, odorless gas that can seep into homes from the ground; high levels increase lung‑cancer risk. |
| HOA | Homeowners Association – a group that enforces rules and collects fees for shared community amenities. |
| FEMA Flood Zone | An area identified by the Federal Emergency Management Agency as having a risk of flooding. |
| CC&R | Covenants, Conditions, & Restrictions – legal documents that outline what owners can and cannot do in an HOA. |
| Mold Disclosure | A notice that informs the buyer of any known mold problems and remediation steps taken. |
What Happens If You Miss a Disclosure?
If a buyer discovers a hidden defect after closing, Michigan courts can:
- Rescind the contract – the buyer walks away and you return the purchase price.
- Award damages – the buyer may receive the cost of repairs plus a penalty, often ranging from $5,000 to $20,000 depending on severity.
- Hold the earnest money – you keep the buyer’s deposit, but the buyer may also sue for additional losses.
Because the financial stakes are high, treat each disclosure as a non‑negotiable step, not an optional checkbox.
Using Sellable for a Safer, More Profitable Sale
When you list with Sellable, you get:
- Automated compliance alerts – the system flags any disclosure that’s older than the legal window.
- Secure document storage – all PDFs are encrypted and timestamped, providing solid evidence of delivery.
- Buyer‑friendly portal – buyers can view, comment, and request clarification without endless email threads.
All of this adds up to a smoother transaction and protects the $12,500 average loss many Michigan sellers face when they overlook a single requirement.
Final Steps Before You Sign Anything
- Double‑check the SPDS – read each answer out loud; if anything sounds vague, dig deeper.
- Confirm test dates – radon and mold reports older than two years need updating.
- Ask a professional – a real‑estate attorney or Sellable compliance specialist can review your packet for $99 or less.
- Deliver the packet – use certified email or a tracked courier; keep the receipt.
- Celebrate – you’ve met the law, reduced risk, and positioned your home for a faster sale.
Frequently Asked Questions
Q1: Do I need a lead‑paint disclosure if I’m 100% sure my home was built after 1978?
A1: No. The law only requires the lead‑paint notice for homes constructed before 1978. If you have documentation (e.g., a builder’s certificate) proving a later build date, you can skip this form.
Q2: How long must I keep the disclosure documents after the sale?
A2: Michigan law recommends retaining all disclosures for at least three years after closing. Store them digitally in a secure folder or on Sellable’s platform.
Q3: My buyer wants a home‑inspection report before I give them the disclosures. Can I wait?
A3: The buyer can request an inspection anytime, but you must provide the required disclosures before the purchase agreement becomes binding. Deliver the packet first, then schedule the inspection.
Q4: If a radon test shows 4 pCi/L, do I have to install a mitigation system before selling?
A4: No. You only need to disclose the result. The buyer may negotiate a mitigation credit, but you are not obligated to fix it unless you agree in the contract.
Q5: Can I use the same disclosure packet for multiple offers?
A5: Yes, as long as no new information emerges. If any condition changes—new roof leak, updated HOA fees—send an amended packet to each new buyer.
By following this guide, you’ll meet every Michigan disclosure requirement, protect yourself from costly lawsuits, and keep more of your home’s equity. Ready to start? Head over to Sellable, upload your forms, and let the platform handle the rest. Happy selling!
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