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Mandated DisclosuresSeller_disclosuresHARD

A seller in Dearborn completes the Seller's Disclosure Statement and delivers it to the buyer after the purchase agreement is signed. Two weeks later, before closing, the seller discovers a significant crack in the foundation that was not visible at the time of the original disclosure. Under the Michigan Seller Disclosure Act, what is the seller's obligation regarding this newly discovered defect?

Correct Answer

A) The seller must provide an amended Seller's Disclosure Statement disclosing the newly discovered defect, and the buyer receives a new 72-hour right of rescission

Under MCL 565.957, if the seller discovers a material defect after delivering the Seller's Disclosure Statement but before closing, the seller has a duty to provide an amended disclosure statement. Upon receiving the amended disclosure, the buyer is entitled to a new 72-hour right of rescission. This ensures that buyers always have the opportunity to reconsider the transaction based on the most current information about the property's condition.

Answer Options
A
The seller must provide an amended Seller's Disclosure Statement disclosing the newly discovered defect, and the buyer receives a new 72-hour right of rescission
B
The seller has no further obligation because the Seller's Disclosure Statement was already delivered and signed
C
The seller must disclose the defect only if the buyer's home inspector failed to identify it during the inspection
D
The seller must notify the buyer's lender but is not required to update the disclosure statement before closing

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Related Topics & Key Terms

Key Terms:

seller_disclosure_actamended_disclosurecontinuing_dutynew_defects72_hoursmcl_565

Related Concepts

The Lead-Based Paint Disclosure is a federally mandated disclosure required for all residential properties built before 1978. Sellers and landlords must disclose known lead-based paint hazards and provide the EPA pamphlet "Protect Your Family From Lead in Your Home."

A material defect is a condition that significantly affects the value, desirability, or safety of a property and that would likely influence a reasonable buyer's decision to purchase or the price they would pay.

Megan's Law requires states to make information about registered sex offenders available to the public. Some states require real estate agents to inform buyers about the availability of sex offender registries.

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