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FSBO State LawsMay 24, 20267 min read

FSBO Michigan Disclosure Requirements for Sellers

Use this 2026 seller checklist for fsbo michigan disclosure requirements, including paperwork, disclosure rules, buyer questions, closing steps, and local

FSBO Michigan Disclosure Requirements for Sellers

$12,500 is the average amount Michigan sellers spend on mandatory disclosures and related paperwork. Omit a single form and you could face a $5,000 fine, a buyer‑funded escrow hold, or a renegotiated sale price. Below is the exact list you must provide, where to obtain each document, and how to keep the process moving fast enough to compare FSBO, flat‑fee MLS, or a Sellable listing desk.

What Michigan Sellers Must Hand Over

You must deliver a state‑mandated disclosure package before any purchase agreement becomes binding. The core package includes the Seller’s Property Disclosure Statement, Lead‑Based Paint notice (for homes built before 1978), Radon risk notice (if the property sits in a radon zone), and any local environmental, zoning, or utility alerts. All forms are available from the Michigan Department of Licensing and Regulatory Affairs (LARA) website, the EPA, or the appropriate county office. Verify each item with your county clerk, title company, or a real‑estate attorney to avoid surprises.

How to Collect the Required Forms

DisclosureWhen RequiredSource (2026)Typical Cost
Seller’s Property Disclosure Statement (SPDS)Before contractLARA “Real Estate” portalFree
Lead‑Based Paint DisclosurePre‑1978 homesEPA “Lead Paint” page or local health dept.Free
Radon Risk NoticeProperties in radon‑risk zones (moderate or high)Michigan DHHS radon mapFree
Septic/Well StatementPrivate wastewater or water systemsCounty health department$0‑$150 (inspection)
Zoning Verification LetterAny propertyCounty assessor’s office$0‑$75
Floodplain LetterProperties within FEMA flood zonesFEMA map service center or county GIS office$0‑$50
Water Quality Disclosure*Homes adjacent to the Great Lakes or major rivers (some counties)County clerk or local water authorityFree

*Only required in select counties; call your county clerk to confirm.

Where to Find Each Form

  1. Seller’s Property Disclosure Statement , Download the 2026 PDF from LARA’s “Real Estate Disclosure Forms” page. The form now asks about solar panels, home‑automation upgrades, and energy‑star appliances.
  2. Lead‑Based Paint Notice , Use the EPA’s 1‑page “Lead Paint Disclosure” PDF. Sign and attach the buyer‑acknowledgment page.
  3. Radon Risk Notice , Print the Michigan DHHS radon pamphlet. The state provides a QR code that links to the latest risk map; include the printed page in the buyer’s packet.
  4. Septic/Well Statement , If a septic tank or well serves the home, request a recent inspection report from a licensed contractor. If none exists, write a clear statement confirming “No private system.”
  5. Zoning Verification Letter , Submit a written request to the county assessor; most offices email the letter within 24 hours for a nominal processing fee.
  6. Floodplain Letter , Use FEMA’s online “Flood Map Service Center” to generate a flood‑hazard determination for your address, then print the “Letter of Determination.”
  7. Water Quality Disclosure , In counties that require it, the clerk’s office provides a one‑page form that asks about known contaminants and recent water‑test results.

Step‑by‑Step Framework for a Fast FSBO Closing

  1. Download every required form before you list the property. Having PDFs ready eliminates last‑minute scrambling.
  2. Complete the Seller’s Property Disclosure Statement line by line. Use “N/A” for questions that do not apply, and answer “Yes” only when you have documentation to support the claim.
  3. Attach the Lead‑Based Paint notice if the home was built before 1978. Both you and the buyer must sign the acknowledgment page.
  4. Print the Radon pamphlet only if your address appears in a moderate or high‑risk zone on the DHHS map. Attach it to the disclosure packet.
  5. Gather septic or well reports (or draft a concise statement) and place them in a labeled subfolder.
  6. Request a zoning verification letter and a flood‑plain determination from the county assessor. Save PDFs with file names that include the date (e.g., “Zoning‑2026‑05‑24.pdf”).
  7. Check for county‑specific water‑quality forms. Call the clerk’s office if you are within 5 miles of the Great Lakes shoreline.
  8. Create a master disclosure folder on your computer and a printed binder for in‑person showings. Label each document clearly; buyers appreciate a tidy packet.
  9. Send the complete packet to any prospective buyer before you accept an offer. Email the PDFs and hand a printed copy during the walkthrough.
  10. Ask the buyer’s title company to confirm receipt of every disclosure. Most title agents will note missing items in their escrow checklist.
  11. Keep copies for your records and for any future audit by the Michigan Real Estate Commission.

Following this framework typically takes 3-4 hours of focused work and prevents escrow delays that can add $5,000‑$10,000 in legal or financing costs.

How Sellable Fits Into the Process

Sellable (sellabl.app) offers a simple listing desk that stores all disclosures, sends automatic email reminders to buyers, and logs receipt confirmations. The platform does not replace legal counsel, but it reduces the administrative burden so you can focus on showing the home and fielding offers.

Why Accurate Disclosures Save Money

Missing a single disclosure can trigger a buyer‑funded escrow hold, force a price reduction, or lead to a $5,000 fine from the Michigan Real Estate Commission. Providing a complete, organized packet up front builds buyer confidence, speeds up the underwriting review, and often results in a cleaner, faster closing.

Quick Reference Table (Re‑summarized)

DisclosureRequired forSourceCost
SPDSAll salesLARAFree
Lead‑Based PaintPre‑1978EPAFree
Radon NoticeModerate/high zonesDHHSFree
Septic/WellPrivate systemsCounty health$0‑$150
ZoningAll salesCounty assessor$0‑$75
FloodplainFEMA zonesFEMA/County GIS$0‑$50
Water Quality*Certain shoreline countiesCounty clerkFree

*Only in select counties; verify with the local clerk.

What to Verify Before You List

  • County risk maps , Radon, flood, and water‑quality zones differ by township.
  • Local ordinance updates , Some municipalities added “energy‑efficiency disclosure” requirements in 2025; check the city planning department.
  • Title‑company checklists , Different title insurers may request additional forms, such as a “Seller’s Warranty of Title” affidavit.

Calling these offices takes 5‑10 minutes and prevents a costly back‑track later.

Bottom Line for the FSBO Decision

If you can spend a half‑day gathering forms, you keep the sale on track and avoid the $5,000‑$10,000 penalty range that many agents warn about. The paperwork cost is modest,usually under $200 total,but the risk of omission is far higher. Use the checklist, verify local nuances, and consider a platform like Sellable to keep everything organized.

Frequently Asked Questions

1. Do I need a separate radon disclosure if my home is in a low‑risk area?
No. Only properties in zones labeled “moderate” or “high” risk on the Michigan DHHS radon map require the pamphlet.

2. Can I use an older version of the Seller’s Property Disclosure Statement?
No. The 2026 form includes new questions about solar panels, home‑automation systems, and recent energy‑efficiency upgrades. Use the current version from LARA.

3. What if my buyer asks for a termite inspection report?
Michigan law does not require a termite report, but providing one can strengthen the offer. A licensed pest‑control company charges about $120 for a standard inspection.

4. How long do I have to give disclosures after an offer is accepted?
All required disclosures must be delivered before the buyer signs the purchase agreement. Most sellers provide the packet within 24‑48 hours of offer acceptance.

5. Are there additional county‑specific forms I might miss?
Yes. Some counties require a “Water Quality Disclosure” for homes near the Great Lakes or major rivers. Call your county clerk or check the county website to verify any extra paperwork.

Internal references

Keep the buyer conversation moving

Sellable helps FSBO sellers answer buyer calls, organize leads, and book showing requests.

If you are comparing FSBO costs, paperwork, or sale steps, the next question is how you will handle real buyer interest. Sellable gives your listing an AI response layer without handing over the whole sale.