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Mandated DisclosuresSeller_disclosuresMEDIUM

David is selling his duplex in Ann Arbor. Before the purchase agreement is signed, he hands the completed Seller's Disclosure Statement directly to the buyer at an open house. The buyer reviews it and signs the purchase agreement the next day. Which of the following statements correctly describes the buyer's rescission rights under the Michigan Seller Disclosure Act?

Correct Answer

D) The buyer has no right of rescission because the disclosure was provided before the purchase agreement was signed

Under MCL 565.957, the buyer's right to rescind within 72 hours is triggered only when the Seller's Disclosure Statement is received after the purchase agreement is signed. If the seller provides the disclosure statement before the purchase agreement is executed, the buyer has already had the opportunity to review it and no separate rescission right is created. The buyer's acknowledgment of receipt before signing waives the post-signing rescission right.

Answer Options
A
The buyer has 9 business days from signing the purchase agreement to rescind under Michigan law
B
The buyer has 72 hours from signing the purchase agreement to rescind because the disclosure was received before the agreement
C
The buyer has 72 hours from the open house date to rescind regardless of when the purchase agreement was signed
D
The buyer has no right of rescission because the disclosure was provided before the purchase agreement was signed

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Related Topics & Key Terms

Key Terms:

seller_disclosure_actrescission_periodpre_contract_disclosurebuyer_rightsmcl_565

Related Concepts

Asbestos disclosure involves informing buyers about the presence of asbestos-containing materials (ACMs) in a property. Asbestos was commonly used in construction materials before 1980 and poses health risks when fibers become airborne.

Violating fair housing laws can lead to significant penalties, including fines, civil liability, and professional discipline.

Death on property disclosure addresses whether sellers must inform buyers about deaths that occurred on the property, including natural deaths, suicides, and murders. Requirements vary significantly by state.

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