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.
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