EstatePass
Mandated DisclosuresEnvironmentalMEDIUM

Sandra is selling her home in Flint, Michigan. During the listing process, her agent discovers through a public records search that the property is located within a designated environmental contamination zone under Michigan's Part 201 cleanup program. Sandra claims she was unaware of this designation and wants to omit it from the Seller's Disclosure Statement. What should the listing agent advise Sandra to do?

Correct Answer

B) Disclose the contamination zone designation on the Seller's Disclosure Statement, as it is a known material fact that must be disclosed to prospective buyers.

Once the agent has discovered through public records that the property is within a Part 201 contamination zone under NREPA (MCL 324.20101 et seq.), this information becomes a known material fact. The Michigan Seller Disclosure Act (MCL 565.957) requires disclosure of known environmental hazards and material conditions. Additionally, the listing agent's own duty under MCL 339.2512 requires disclosure of known material facts. Sandra should be advised to include this information on the Seller's Disclosure Statement.

Answer Options
A
Omit the contamination zone information because Sandra has no personal knowledge of the issue and is not required to research public records.
B
Disclose the contamination zone designation on the Seller's Disclosure Statement, as it is a known material fact that must be disclosed to prospective buyers.
C
Disclose the contamination zone only if the buyer's agent specifically requests a Part 201 environmental report during due diligence.
D
Refer the buyer to the Michigan Department of Environment, Great Lakes, and Energy (EGLE) website and make no disclosure on the Seller's Disclosure Statement.

Why This Is the Correct Answer

Sign up free to unlock full analysis

Why the Other Options Are Wrong

Sign up free to unlock full analysis

Deep Analysis of This Mandated Disclosures Question

Sign up free to unlock full analysis

Background Knowledge for Mandated Disclosures

Sign up free to unlock full analysis
Sign up free to unlock full analysis

Real World Application in Mandated Disclosures

Sign up free to unlock full analysis

Related Topics & Key Terms

Key Terms:

environmental_disclosurePart_201seller_disclosure_actmaterial_factsEGLElisting_agent_duty
Was this explanation helpful?

More Mandated Disclosures Questions

People Also Study

Practice More Questions

Access 2,000+ practice questions and pass your real estate exam.

Start Practicing