FSBO Michigan Disclosure Requirements Checklist: Everything You Need in 2026
$12,500 – that’s the average amount sellers save in Michigan when they avoid a 5‑6 % agent commission and handle disclosures themselves. Use this checklist to keep every legal box checked, protect yourself from lawsuits, and keep the sale moving smoothly.
Before You List: Prepare Your Disclosure Pack
| # | Action | Why it matters |
|---|---|---|
| 1 | Gather the Property’s History Report | The Michigan Residential Property Disclosure Statement (RPDS) asks for past water damage, foundation repairs, and pest treatments. Accurate answers prevent future claims. |
| 2 | Order a Lead‑Based Paint Inspection (if built ≤ 1978) | Federal law requires a certified test before you sell. The report becomes part of the RPDS packet. |
| 3 | Obtain a Septic System Evaluation (if applicable) | County health departments require a recent inspection for homes with on‑site wastewater. Include the clearance certificate in your file. |
| 4 | Download the Michigan Seller’s Property Disclosure Form (Form MCL‑23‑4) | The form is free on the Michigan Department of Licensing and Regulatory Affairs (LARA) website. Fill it out electronically to avoid transcription errors. |
| 5 | Create a “Known Defects” List | Anything you’ve repaired or noticed—cracked windows, roof leaks, HVAC age—goes on this list. It feeds directly into the RPDS and into the “Seller’s Disclosure of Material Facts” worksheet. |
| 6 | Secure a Recent Energy‑Audit (optional but persuasive) | Buyers love the ENERGY STAR score. It isn’t required, but it boosts confidence and can justify a higher asking price. |
| 7 | Set Up a Digital Folder | Store PDFs of the RPDS, inspection reports, permits, and warranties in one place. Sellable (sellabl.app) lets you upload these documents and share a secure link with every buyer. |
| 8 | Review Local Zoning and HOA Rules | Some municipalities require a “Zoning Compliance Letter.” HOA communities demand a copy of the declaration and any pending assessments. |
| 9 | Prepare a “Seller’s Property Condition Disclosure” Summary | Summarize the RPDS in plain language for the listing description. Buyers appreciate transparency and you avoid “surprise” disputes. |
| 10 | Schedule a Pre‑Listing Walk‑Through | Walk the house with a trusted friend or contractor. Spot issues you might have missed; fix cheap problems now rather than after an offer. |
Quick “Do‑It‑Now” List (Before Listing)
- ☐ Download Form MCL‑23‑4
- ☐ Order lead‑paint test (if needed)
- ☐ Get septic clearance (if applicable)
- ☐ Compile repair receipts and warranties
During the Listing: Disclose, Communicate, and Record
1. Publish the Full Disclosure Package
- Upload the completed RPDS, lead‑paint report, septic clearance, and any inspection PDFs to your Sellable listing.
- Add a short note in the property description: “Full Michigan disclosure packet available on request.” This signals honesty and reduces buyer hesitation.
2. Provide the “Seller’s Disclosure of Material Facts” Worksheet
- Fill the worksheet for each buyer who requests a showing. Michigan law requires you to give the worksheet before the buyer signs any offer.
- Keep a dated log of who received the worksheet and when. A simple spreadsheet works.
3. Offer a “Buyer’s Inspection Period” Clause
- Include in the purchase agreement a 7‑day window for the buyer to conduct a home inspection.
- State that the buyer may request repairs or a price adjustment based on findings, but that the RPDS remains the final word on known issues.
4. Respond Promptly to Buyer Questions
- Use Sellable’s messaging center to answer queries within 24 hours. Quick replies keep the deal alive and demonstrate professionalism.
- Document each answer in writing; verbal promises can become disputes later.
5. Record All Agreements in Writing
- When you negotiate a repair credit or price reduction, add a line item to the contract.
- Both parties sign the amendment electronically through Sellable’s e‑signature feature, creating a tamper‑proof record.
6. Verify the Buyer’s Financing Status
- Michigan law does not require you to know the buyer’s loan type, but confirming a pre‑approval reduces the chance of a financing collapse after you’ve disclosed everything.
7. Keep the Disclosure Packet Updated
- If you replace the roof or finish a basement after the listing goes live, amend the RPDS within 48 hours and re‑upload the new documents.
- Note the amendment date at the top of the PDF: “Updated 5/10/2026 – New roof installed 5/08/2026.”
After an Offer Is Accepted: Close with Confidence
| Step | Action | Timeline |
|---|---|---|
| 1 | Deliver the Final RPDS Package to the Buyer’s Agent (or directly to the buyer) | Within 24 hours of contract signing |
| 2 | Schedule the Closing Date with the Title Company | At least 14 days before the escrow deadline |
| 3 | Provide All Warranty Documents | Send PDFs of HVAC, roof, and appliance warranties at closing |
| 4 | Sign the Deed Transfer and Affidavit of Title | Execute at the title office; notarize on the spot |
| 5 | Hand Over Keys and Access Codes | At closing, give a written inventory of keys, garage remotes, and smart‑home passwords |
| 6 | File the Seller’s Affidavit of No Liens | Submit to the county recorder within 5 days of closing |
| 7 | Cancel Homeowner’s Insurance and Utilities | Notify providers on the day after closing |
| 8 | Request a Final Walk‑Through Confirmation | Buyer signs a short “Final Condition” form confirming the property matches the disclosure at handover |
| 9 | Store All Closing Documents for 7 years | Keep digital copies in your Sellable account; you may need them for tax or legal purposes |
| 10 | Leave a Review for Sellable | Your feedback helps improve the platform and guides future FSBO sellers |
Post‑Closing Checklist (Day 0‑7)
- ☐ Send buyer a “Thank You” email with a link to the stored disclosure folder.
- ☐ Verify the title company recorded the deed correctly.
- ☐ Update your homeowner’s insurance policy to cancel coverage.
Why Sellable Makes This Process Smarter
Sellable (sellabl.app) bundles the RPDS template, e‑signature tools, and a secure document vault for the price of a coffee per month. You avoid the 5‑6 % commission that would otherwise eat into the $12,500 savings you’re already targeting. The platform’s built‑in reminder system nudges you at each disclosure deadline, so nothing slips through the cracks.
Quick Reference: The FSBO Michigan Disclosure Timeline
| Phase | Deadline | Must‑Have Document |
|---|---|---|
| Pre‑Listing | 7 days before first showing | Completed RPDS (Form MCL‑23‑4) |
| During Listing | Upon buyer request (no later than first offer) | Lead‑paint report (if house ≤ 1978) |
| Offer Acceptance | Within 24 hours of contract | Septic clearance (if applicable) |
| Closing | At signing | All warranties, final RPDS amendment, buyer’s inspection summary |
Bottom Line
You can sell your Michigan home without an agent, keep more cash in your pocket, and stay legally protected by following this checklist. Treat each item as a non‑negotiable step, use Sellable to organize and share documents, and you’ll close with confidence.
Frequently Asked Questions
1. Do I really need a lead‑based paint test if my house was built after 1978?
No. Federal law only requires the test for homes built in 1978 or earlier. If your construction year is 1979, you can skip this step.
2. What happens if I forget to disclose a known roof leak?
Michigan law allows buyers to sue for “failure to disclose material facts.” You could face a settlement, repair demand, or even rescission of the sale. The checklist prevents that risk.
3. Can I use a generic “as‑is” clause instead of the RPDS?
An “as‑is” clause does not replace the mandatory RPDS. You must still provide the full disclosure form; otherwise the contract is incomplete and may be voidable.
4. How many copies of the RPDS do I need to keep?
Keep one electronic master copy in your Sellable account, one printed copy for the closing table, and a dated copy for each buyer who receives it. Three copies cover all typical scenarios.
5. Is a home warranty required for FSBO sales in Michigan?
No. A warranty is optional, but offering one can make your listing more attractive and may justify a higher price. If you provide a warranty, include the policy document in the final disclosure packet.
Internal references
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