The Michigan Termite Report Provision is a crucial component of the Contract for the Sale and Purchase of Real Property in the state of Michigan. This provision is specifically designed to protect both the buyer and the seller from any potential termite or wood-destroying insect damage that may exist within the property being sold. It serves as a comprehensive inspection and disclosure requirement that helps ensure transparency and peace of mind during the real estate transaction process. When engaging in a real estate transaction in Michigan, it is essential to understand the various types of termite report provisions that might be included in the contract. These types primarily depend on the severity of the termite issue found within the property, and can be classified as follows: 1. No Termite Damage: This provision is applicable when the termite inspection reveals no sign of termite damage or infestation on the property. It is a positive outcome indicating that the property is termite-free and does not require any further treatment or repairs. 2. Active Termite Infestation: In cases where the termite inspection identifies an active termite infestation, this provision will be invoked. It requires the seller to promptly engage reputable pest control professionals to eliminate the infestation and conduct necessary repairs to rectify any termite-related damages before closing the sale. 3. Past Termite Damage: If the termite report reveals evidence of prior termite damage, but no existing infestation, this provision comes into play. The seller will be responsible for disclosing the historical damage and ensuring that effective repairs have been made to address and mitigate the effects of the prior infestation before the sale is finalized. 4. Preemptive Treatment: Sometimes, a termite report provision may require the seller, regardless of termite presence or damage, to have preemptive treatment performed on the property. This provision offers a proactive approach to eliminate any potential termite threat before it becomes an issue for the buyer. 5. Exclusion of Termite Report Provision: Although rare, there may be instances where the parties involved mutually agree to exclude the termite report provision from the contract. This exclusion relieves both the buyer and the seller from the obligation of conducting termite inspections or disclosing any related information, eliminating this aspect from the real estate transaction. In summary, the Michigan Termite Report Provision for the Contract for the Sale and Purchase of Real Property offers essential protection against potential termite damage and infestation during real estate transactions. The specific type of provision included in the contract depends on the findings of the termite inspection, ranging from no termite damage to active or past infestations, as well as the possibility of preemptive treatment. It is crucial for both buyers and sellers to thoroughly understand and comply with these provisions in order to ensure a transparent and secure property transaction.
Michigan Termite Report Provision for Contract for the Sale and Purchase of Real Property
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Distinguish between the two main parts in a standard form contract for the sale of real estate. Two sections of a standard form contract are the negotiated items that need to be "filled in," and the standard provisions that seldom need to be negotiated.
While some states have specifically addressed whether or not sellers must disclose whether a property is "stigmatized" (by death, murder, infectious disease, and so forth), Michigan has not. The disclosure statement instead generally limits disclosures to the physical condition of the property.
Michigan disclosure laws require a seller to disclose what is personally known about the home, including any imperfections. This could include things like lead-based paint, water damage, hazardous conditions, pest damage, past repairs, past insurance claims, etc.
Requirement for Seller's Disclosure Statement The Michigan Seller Disclosure Act requires the seller (or the seller's agent) to provide a written Seller's Disclosure Statement (SDS) to the prospective buyer (or prospective buyer's agent) before execution of a binding purchase agreement for the property.
A contract of sale lists all the relevant information pertaining to the sale of a property, including such things as names and address of the buyer and seller, conditions of the sale and inclusions. Once signed, is a legally binding agreement between the purchaser and the seller.
To establish legality, a real estate contract must include a legal purpose, legally competent parties, agreement by offer and acceptance, consideration, and consent.
Among the terms typically included in the agreement are the purchase price, the closing date, the amount of earnest money that the buyer must submit as a deposit, and the list of items that are and are not included in the sale.
Here are eight common real estate seller disclosures to be aware of, whether you're on the buyer's side or the seller's side.Death in the Home.Neighborhood Nuisances.Hazards.Homeowners' Association Information.Repairs.Water Damage.Missing Items.Other Possible Disclosures.
The Five Elements of a ContractOffer.Acceptance.Consideration.Capacity.Lawful Purpose.
The closing clause generally describes what must take place at closing to avoid default. A seller must provide clear and marketable title. A buyer must produce purchase funds. Failure to complete any pre-closing requirements stated in the sale contract is default and grounds for the aggrieved party to seek recourse.
