Legal Question in Real Estate Law in Michigan

I submitted an offer on a house that had a listing claiming it had central air. The seller's agent did not fax the seller's disclosure until after the offer had been accepted, but that disclosure says there is no central air. I'm a first time home buyer, so what are my options here? I have not signed the disclosure yet, but the purchase agreement was signed off when I made the offer.


Asked on 5/25/11, 9:19 pm

2 Answers from Attorneys

Jules Fiani Law Offices of Jules N. Fiani

Feel free to call me at 810-227-7200 to discuss this. After helping thousands of people with questions on lawguru I have found this to be the most effective way.

Thank you,

Jules N. Fiani

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Answered on 5/26/11, 6:29 am
Glenn Matecun Matecun, Thomas & Olson, PLC

Here is a carve out of the law relating to disclosure statements. Short answer, you have either 72 hours or 120 hours to cancel your contract, depending on whether the disclosure statement was delivered to you personally or by mail. Make sure to do it in writing. See section (3) below, which deals with receiving the disclosure after the offer is signed. Good luck.

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565.954 Written statement; delivery; time limits; compliance; terminating purchase agreement within certain time limits; expiration of right to terminate.

(1) The transferor of any real property described in section 2 shall deliver to the transferor's agent or to the prospective transferee or the transferee's agent the written statement required by this act. If the written statement is delivered to the transferor's agent, the transferor's agent shall provide a copy to the prospective transferee or his or her agent. A written disclosure statement provided to a transferee's agent shall be considered to have been provided to the transferee. The written statement shall be delivered to the prospective transferee within the following time limits:

(a) In the case of a sale, before the transferor executes a binding purchase agreement with the prospective transferee.

(b) In the case of transfer by an installment sales contract where a binding purchase agreement has not been executed, or in the case of a lease together with an option to purchase or a ground lease coupled with improvements by the tenant, before the transferor executes the installment sales contract with the prospective transferee.

(2) With respect to any transfer subject to subsection (1), the transferor shall indicate compliance with this act either on the purchase agreement, the installment sales contract, the lease, or any addendum attached to the purchase agreement, contract, or lease, or on a separate document.

(3) Except as provided in subsection (4), if any disclosure or amendment of any disclosure required to be made by this act is delivered after the transferor executes a binding purchase agreement, the prospective transferee may terminate the purchase agreement by delivering written notice of termination to the transferor or the transferor's agent within the following time limits:

(a) Not later than 72 hours after delivery of the disclosure statement to the prospective transferee, if the disclosure statement was delivered to the prospective transferee in person.

(b) Not later than 120 hours after delivery of the disclosure statement to the prospective transferee, if the disclosure statement was delivered to the prospective transferee by registered mail.

(4) A transferee's right to terminate the purchase agreement expires upon the transfer of the subject property by deed or installment sales contract.

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Answered on 5/26/11, 8:47 am


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