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Mandated DisclosuresSeller_disclosuresMEDIUM

Robert is buying a home in Kalamazoo. After signing the purchase agreement, he receives the Seller's Disclosure Statement and discovers that the seller disclosed a prior termite infestation that was treated five years ago. Robert is concerned about potential ongoing damage. Under the Michigan Seller Disclosure Act, which of the following statements is most accurate regarding Robert's options?

Correct Answer

D) Robert may rescind the purchase agreement within 72 hours of receiving the disclosure statement by delivering written notice to the seller

Under MCL 565.957, when a buyer receives the Seller's Disclosure Statement after signing the purchase agreement, the buyer has 72 hours from receipt to rescind the purchase agreement by delivering written notice of rescission. This right exists regardless of the nature of the disclosed defect. Robert's receipt of the disclosure after signing triggers this 72-hour rescission window.

Answer Options
A
Robert must request a pest inspection within 72 hours and can only rescind if the inspection reveals active infestation
B
Robert must accept the disclosure and proceed with the purchase because the infestation was treated and is no longer active
C
Robert may rescind the purchase agreement within 9 business days because the disclosure involved a pest-related defect
D
Robert may rescind the purchase agreement within 72 hours of receiving the disclosure statement by delivering written notice to the seller

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Related Topics & Key Terms

Key Terms:

seller_disclosure_actrescission_period72_hoursbuyer_rightsmcl_565

Related Concepts

Many states and localities have fair housing laws that expand upon the protections offered by the federal Fair Housing Act.

A stigmatized property is one that has an undesirable reputation due to events that occurred on the property or nearby, such as a murder, suicide, alleged haunting, or proximity to a registered sex offender. The stigma is psychological, not physical.

An as-is clause in a real estate contract states that the buyer accepts the property in its current condition without requiring the seller to make any repairs. However, an as-is sale does NOT eliminate the seller's obligation to disclose known defects.

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