What Do I Have to Disclose About Fire Damage When Selling a House in Michigan?
Michigan's disclosure form asks directly about major fire damage. Selling as-is doesn't turn a known fire into something you can leave out — and the repair history can matter just as much as the original loss.
This page is part of our Selling a Fire-Damaged House in Michigan guide. Start there for the full picture, or keep reading for what you're required to disclose.
Sellers sometimes hear that an as-is contract means the buyer accepts everything and assume that ends the conversation. It doesn't. When Michigan's Seller Disclosure Act applies, the statutory form asks sellers to report known conditions and specifically asks whether they're aware of major damage from fire, wind, floods, or landslides.
What the Michigan Form Actually Asks
The statutory Seller's Disclosure Statement asks about major fire damage and also separately addresses roof leaks, plumbing and electrical problems, environmental hazards, structural problems, and modifications or repairs made without necessary permits or licensed contractors. For a fire-damaged property, those questions can overlap — answer based on what's actually known, not just by writing "fire" and ignoring the resulting conditions.
Disclosure Is Based on the Seller's Knowledge
The statutory form states that the disclosure concerns condition and information known by the seller and is not a warranty or substitute for buyer inspections. It also provides "unknown" responses in appropriate places. Don't guess at technical conclusions you don't know, but don't conceal reports, observations, or known repair history either.
When Must the Disclosure Be Delivered?
Michigan law generally requires the written disclosure statement to be delivered before the transferor executes a binding purchase agreement with the prospective buyer when the Act applies. There are statutory exceptions to the Act, so unusual transfers — including some fiduciary, court-related, or other transactions — should be reviewed with the title company or attorney rather than assumed.
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What If the Fire Was Fully Repaired?
A completed repair does not make the historical fire disappear from the statutory question about major damage. Accurate disclosure can also include what was repaired, by whom, and what documentation exists. Permits, final inspections, contractor invoices, engineering reports, remediation documentation, and insurance scopes can help a buyer distinguish a professionally restored property from an unknown one.
What If I Don't Know the Full Extent?
Say what you know and avoid pretending to have expertise you don't possess. The statutory form itself notes that sellers generally aren't representing themselves as construction or engineering experts. If you have an insurer's estimate, engineering report, fire-department report, contractor scope, or municipal notice, those documents may be important to the transaction.
An as-is clause allocates repair responsibility under the purchase agreement. It does not automatically eliminate statutory disclosure duties or protect intentional concealment.
What About Smoke, Water, and Mold?
A fire can create related conditions that may be independently relevant to disclosure: water intrusion, electrical damage, structural damage, roof damage, HVAC contamination, or environmental concerns. Don't narrow disclosure to the burned room if you know the loss affected other systems.
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What About Insurance Claims?
The statutory property-condition form isn't a complete insurance-claim questionnaire. But buyers may ask about the loss, repair scope, open claim, proceeds, and documentation because those facts affect condition and closing. Answer contractual representations accurately and get legal advice if the purchase agreement asks you to assign or represent rights involving an insurance claim.
A Good Disclosure File
A completed statutory disclosure form when applicable, fire department or incident documentation, insurance estimates/scopes you're permitted to provide, engineering or structural reports, electrical/HVAC/environmental/remediation reports, repair invoices and contractor information, permits and final approvals, municipal notices or demolition documents, and photographs showing damage and completed repairs, if available.
Michigan Legislature – Seller Disclosure Act (Act 92 of 1993) and MCL 565.957 – Disclosure Statement and Form contain the statutory text governing the disclosure requirements described above.
Related Michigan Fire-Damaged House Guides
Frequently Asked Questions
When Michigan's Seller Disclosure Act applies, the statutory form specifically asks about known major fire damage.
The form still asks about major fire damage. Repair documentation can help explain what was corrected.
No. As-is and disclosure are separate concepts.
Disclosure requirements can depend on the type of transfer and what the seller actually knows. Don't invent facts; use appropriate "unknown" responses where legally applicable and seek title/legal guidance.
Known conditions resulting from the fire can be relevant beyond the specific "major fire damage" question.
Not automatically as a blanket rule, but contracts and due diligence may call for specific documents. Get advice before assigning or releasing claim rights.
Michigan's statute provides buyer termination rights in specified circumstances when the required disclosure is not timely delivered.
Legal advice can be valuable when there are open insurance claims, municipal orders, complex disclosures, disputed proceeds, or unusual contract terms.
No. The statutory disclosure requirements apply the same way regardless of who the buyer is, subject to the Act's usual exceptions.
Final Thoughts
Accurate disclosure protects you as much as it protects the buyer. The cleanest transaction is one where the buyer knows exactly what they're purchasing and prices the condition accordingly.
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