Selling your home “For Sale By Owner” (FSBO) in Michigan can save you money on agent commissions, but it also means you’re responsible for all the legal paperwork and compliance. Here’s a simplified guide to help you navigate the process. But wait…There’s more. They will be addressed in other articles.

Essential FSBO Paperwork in Michigan

• Seller’s Disclosure Statement Required under the [Michigan Seller Disclosure Act. Must be provided to the buyer before signing a purchase agreement. The Michigan Seller Disclosure Act (MCL 565.951–565.966) requires certain disclosures in connection with transfers of residential property. It mandates that home sellers provide information about the property to potential and actual buyers or tenants
• Lead-Based Paint Disclosure Required for homes built before 1978 under federal law.
• Purchase Agreement A legally binding contract outlining the terms of the sale. Should include contingencies, financing terms, and closing details.
• Preliminary Title Report Identifies liens, encumbrances, or title defects. Obtainable from a title company.
• Deed Preparation A new deed must be drafted to transfer ownership. This is typically done by an attorney or title company.
• Real Estate Transfer Tax Form Michigan imposes a state transfer tax under [MCL 207.505] and [MCL 207.526]. The seller usually pays this tax when recording the deed.
• Occupational Code Compliance While FSBO sellers are not licensed agents, they must still comply with fair dealing standards under [MCL 339.2501–339.2518].
• Closing Statement (HUD-1 or Settlement Statement) Summarizes all financial aspects of the transaction. Required for transparency at closing.

Legal Requirements and Best Practices

• Provide all required disclosures before signing a purchase agreement.

• Ensure the buyer receives a clear title—resolve any liens or encumbrances.

• Use a licensed title company or attorney to handle escrow and closing.

• File the deed and transfer tax forms with the county Register of Deeds.

• Keep copies of all documents for your records and legal protection.

Why Legal Guidance Matters

Attorney Ann Howard, based in Southfield, Michigan, has over 30 years of experience in real estate law. She specializes in FSBO transactions and ensures your sale is legally sound from start to finish. From drafting airtight contracts to filing deeds and disclosures, Ann helps you avoid costly mistakes and ensures every document is compliant and enforceable. With her guidance, you can close confidently—knowing your paperwork is complete and correct.

Q: Do I need to hire an attorney to sell my home FSBO in Michigan?
A: No, it’s not legally required—but it’s highly recommended. An attorney can draft or review contracts, disclosures, and title documents to protect your interests and ensure compliance with Michigan law.

Q: What happens if I don’t provide a Seller’s Disclosure Statement?
A: The buyer may cancel the sale, and you could face legal consequences under the Michigan Seller Disclosure Act. It’s a critical document that must be delivered before a binding agreement is signed.

Q: Can I handle the deed and transfer tax filing myself?
A: Technically yes, but mistakes can delay or invalidate the sale. It’s best to have a title company or attorney prepare and file these documents to ensure accuracy and compliance.