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MI · Flood-disclosure law

Does a Michigan seller have to disclose flooding?

Michigan requires sellers of residential real property to complete a statutory Seller Disclosure Statement, which explicitly asks about flooding, drainage, settling, and evidence of water in the basement or crawl space, as well as flood insurance.

Michigan at a glance

Flood-specific disclosure

The statute or the state-mandated form has dedicated flood questions — flood-zone status, flood history, prior claims, or flood-insurance history.

DisclosureRequired
Opt-outNone
Primary-source verified· verified June 16, 2026
Mich. Comp. Laws (MCL) 565.951 to 565.966 (Seller Disclosure Act, Act 92 of 1993); form in MCL 565.957; liability limits in MCL 565.955

The 4-card answer

Michigan flood-disclosure, decoded

Whether the seller must disclose, what triggers it, the penalties, and any opt-out gotcha — each card cites its source.

Does the seller have to disclose flooding?

Disclosure required

Flood-specific disclosure

Michigan requires sellers of residential real property to complete a statutory Seller Disclosure Statement, which explicitly asks about flooding, drainage, settling, and evidence of water in the basement or crawl space, as well as flood insurance.

The statute or the state-mandated form has dedicated flood questions — flood-zone status, flood history, prior claims, or flood-insurance history.

Mich. Comp. Laws (MCL) 565.951 to 565.966 (Seller Disclosure Act, Act 92 of 1993); form in MCL 565.957; liability limits in MCL 565.955Primary-source verified· verified June 16, 2026

What triggers the duty

  • Transfer of residential real property of 1-4 dwelling units by sale, land contract, lease with option to purchase, etc.
  • Statement must be delivered to the buyer before the purchase agreement is signed
  • Seller's actual personal knowledge of the condition

Penalties & remedies

No statutory monetary fine; seller/agent is not liable for errors or omissions not within the transferor's personal knowledge if ordinary care was exercised. Liability can still arise under other law (fraud, misrepresentation, deceit) per MCL 565.955.

Buyer remedy: If the disclosure statement is delivered after the buyer signs the purchase agreement, the buyer may terminate (rescind) within 72 hours of receipt (or 120 hours if mailed). Separately, buyer may pursue common-law remedies for fraud/misrepresentation.

Opt-out gotchas

No statutory opt-out or waiver-for-credit mechanism identified. The disclosure duty (where it exists) cannot simply be bought out.

Research note ▾

Statutory form (MCL 565.957) explicitly lists flood-related items: 'Settling, flooding, drainage, structural, or grading problems?'; evidence of water in basement/crawl space; major damage from fire, wind, floods or landslides; and flood insurance. Liability limitation (MCL 565.955) confirmed: transferor not liable for errors/omissions not within personal knowledge if ordinary care exercised; other-law fraud claims preserved. 72-hour rescission for late delivery confirmed across multiple sources. Primary legislature page timed out on fetch but statute text was directly quoted in the legislature PDF and corroborating search results.

Buyer's rights

If you're buying in Michigan

Your rights re-framed from the buyer's side, plus a pre-closing checklist that holds in every state.

What Michigan law gives you as a buyer

Michigan requires a seller disclosure (see the answer cards), so you have a statutory document to rely on — and a remedy if the seller knowingly withheld a material flood fact. If the disclosure statement is delivered after the buyer signs the purchase agreement, the buyer may terminate (rescind) within 72 hours of receipt (or 120 hours if mailed). Separately, buyer may pursue common-law remedies for fraud/misrepresentation.

Mich. Comp. Laws (MCL) 565.951 to 565.966 (Seller Disclosure Act, Act 92 of 1993); form in MCL 565.957; liability limits in MCL 565.955

Your pre-closing checklist (works in every state)

  • Pull a free FEMA flood-zone lookup

    Enter the address on FEMA's Flood Map Service Center to see the property's flood-zone designation (Special Flood Hazard Area = Zone A/V). This is public and free, regardless of what the seller discloses.

    msc.fema.gov ↗

  • Request a CLUE / loss-history report

    A C.L.U.E. (Comprehensive Loss Underwriting Exchange) report shows insurance claims filed on the property in the last ~7 years, including water and flood claims. The current owner can pull theirs free once a year from LexisNexis.

    LexisNexis consumer disclosure ↗

  • Get an independent inspection — ask about water

    Hire your own inspector and specifically flag drainage, grading, sump pumps, and signs of past water intrusion (staining, efflorescence, fresh paint in basements). An inspection contingency protects you if problems surface.

  • Get a flood-insurance quote before you waive contingencies

    Quote NFIP or private flood coverage early. Homeowners' insurance does NOT cover flood damage. A federally backed mortgage on a property in a Special Flood Hazard Area generally requires flood insurance — budget for it.

    floodsmart.gov ↗

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Michigan

Does the seller have to disclose flooding?

Disclosure required

Flood-specific disclosure

Michigan requires sellers of residential real property to complete a statutory Seller Disclosure Statement, which explicitly asks about flooding, drainage, settling, and evidence of water in the basement or crawl space, as well as flood insurance.

The statute or the state-mandated form has dedicated flood questions — flood-zone status, flood history, prior claims, or flood-insurance history.

Mich. Comp. Laws (MCL) 565.951 to 565.966 (Seller Disclosure Act, Act 92 of 1993); form in MCL 565.957; liability limits in MCL 565.955Primary-source verified· verified June 16, 2026

What triggers the duty

  • Transfer of residential real property of 1-4 dwelling units by sale, land contract, lease with option to purchase, etc.
  • Statement must be delivered to the buyer before the purchase agreement is signed
  • Seller's actual personal knowledge of the condition

Penalties & remedies

No statutory monetary fine; seller/agent is not liable for errors or omissions not within the transferor's personal knowledge if ordinary care was exercised. Liability can still arise under other law (fraud, misrepresentation, deceit) per MCL 565.955.

Buyer remedy: If the disclosure statement is delivered after the buyer signs the purchase agreement, the buyer may terminate (rescind) within 72 hours of receipt (or 120 hours if mailed). Separately, buyer may pursue common-law remedies for fraud/misrepresentation.

Opt-out gotchas

No statutory opt-out or waiver-for-credit mechanism identified. The disclosure duty (where it exists) cannot simply be bought out.

Research note ▾

Statutory form (MCL 565.957) explicitly lists flood-related items: 'Settling, flooding, drainage, structural, or grading problems?'; evidence of water in basement/crawl space; major damage from fire, wind, floods or landslides; and flood insurance. Liability limitation (MCL 565.955) confirmed: transferor not liable for errors/omissions not within personal knowledge if ordinary care exercised; other-law fraud claims preserved. 72-hour rescission for late delivery confirmed across multiple sources. Primary legislature page timed out on fetch but statute text was directly quoted in the legislature PDF and corroborating search results.

Summary of Michigan law as of June 2026. Not legal advice.

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