In Michigan, a buyer generally has six years to sue a seller for fraud or breach of the purchase agreement, and ten years on the covenants in a warranty deed. For fraud, the six years run from when the wrong was done, not when the buyer found the problem, but a seller who fraudulently concealed the claim can be sued within 2 years of when it was discovered, even after that time has passed.
No single Michigan law sets one "seller liability" period. The time depends on the kind of claim, so this guide goes through each one, what starts the clock, what extends it, and what limits your exposure in the first place. We are real estate brokers, not attorneys, so if you have a claim or a demand letter, take it to a Michigan real estate attorney.
How long can a buyer sue you after you sell a house in Michigan?
| Type of claim | Time to sue | When the clock starts | Law |
|---|---|---|---|
| Fraud or misrepresentation | 6 years | When the wrong was done | MCL 600.5813, 600.5827 |
| Breach of the purchase agreement | 6 years | When the wrong was done | MCL 600.5807(9), 600.5827 |
| Breach of a warranty of quality or fitness | 6 years | When the breach was or reasonably should have been discovered | MCL 600.5807(9), 600.5833 |
| Covenants in a deed | 10 years | When the wrong was done | MCL 600.5807(5), 600.5827 |
| Fraudulent concealment of a claim | 2 years, even if the period above has passed | When the buyer discovered or should have discovered the claim | MCL 600.5855 |
The Seller Disclosure Act doesn't set its own deadline. A false disclosure statement is usually argued as fraud or misrepresentation, so those periods apply, and the Act leaves fraud law in place (MCL 565.961).
These are limits on when a lawsuit can be filed, not a statement that a seller owes anything. A claim filed in time still has to be proved.
When does the clock start?
For most claims, when the wrong was done, "regardless of the time when damage results" (MCL 600.5827). The Michigan Supreme Court applied that to fraud in Boyle v General Motors (2003) and rejected the argument that a fraud claim waits until the victim discovers it.
For a home sale, the wrong usually sits around the time the buyer relied on what the seller said and bought the home. Exactly which date applies can be argued, and an attorney would pin it down for a specific sale.
A leak that shows up four years after closing doesn't start a new six-year period on its own.
What can extend it?
Fraudulent concealment. If a person who may be liable fraudulently conceals the existence of the claim, the action may be brought within 2 years after the buyer discovers it or should have, even if the normal period has run (MCL 600.5855).
Here is an example with made-up dates. A home closes on June 1, 2026. The normal six years would run out around June 1, 2032. If the seller had fraudulently concealed the claim and the buyer discovers it on May 1, 2032, the buyer could sue until about May 1, 2034.
A warranty of quality or fitness. If you promised something about the quality of the home, that claim accrues when the breach is discovered or reasonably should be (MCL 600.5833), so it can reach further than a regular contract claim. The Seller's Disclosure Statement says it is not a warranty. A separate written promise can be one, such as a guarantee of a repair in the purchase agreement, so read those carefully before signing.
What can a buyer actually claim?
Michigan recognizes three theories of fraud (Coosard v Tarrant, 2022, citing earlier cases):
- Common-law fraud: you made a false statement about something important, knew it was false or spoke recklessly, intended the buyer to rely on it, and the buyer did and was harmed.
- Innocent misrepresentation: the statement was false but you didn't know it. This doesn't need an intent to deceive, and it does need that you benefited from the buyer's harm.
- Silent fraud: you stayed quiet about a fact you had a duty to disclose.
The buyer's reliance must also be reasonable.
A buyer might also sue on the purchase agreement or the deed. And separate from any of these, the sale itself is not invalidated solely because someone failed to follow the Act (MCL 565.964).
What protects you as a seller?
You aren't liable under the Act for what you didn't know. A seller isn't liable for an error, inaccuracy or omission outside their personal knowledge, or for information that could be found only by inspecting inaccessible areas or by someone with trade expertise (MCL 565.955). Answering "unknown" is allowed when it is true (MCL 565.956).
A later change doesn't make a statement a violation. If information becomes inaccurate because of something that happens after you deliver the statement, that isn't a violation of the Act (MCL 565.956). The form still says you will immediately disclose changes to the home's systems before closing, so tell the buyer.
An as-is clause. It shifts the risk of unknown conditions, and of defects a reasonable inspection should have found (Lorenzo v Noel, 1994). It also bars innocent misrepresentation claims (Coosard). It doesn't protect against fraud before the buyer signs. See selling a house as is in Michigan.
A quitclaim deed, where it fits. A warranty deed carries covenants that you own the property, have the right to convey it, that it is free of encumbrances, and that you will defend the title (MCL 565.151). Claims on those covenants have ten years. A quit claim deed under MCL 565.152 has no such wording, but buyers in a normal sale expect a warranty deed, and the purchase agreement usually says which deed you give.
Your agent is treated separately. A seller's agent isn't liable for the seller's violation of the Act unless the agent knowingly acts in concert with the seller (MCL 565.965).
What should you keep after selling a house?
Keep these for at least as long as the longest period that could apply, which means about ten years for a warranty deed:
- The signed Seller's Disclosure Statement, with the buyer's acknowledgment
- The purchase agreement and every addendum
- The inspection response, and any repair credits or agreements
- Repair invoices and permits for work you disclosed
- The closing statement and a copy of the deed
- Your signed lead paint disclosure, if the home was built before 1978. Federal rules require keeping it for three years after the sale, and keeping it longer does no harm
What should you do if a buyer contacts you after closing?
Stay calm and keep it in writing. Don't argue the facts or admit fault by text. Find your disclosure statement and purchase agreement, then take them to a real estate attorney before you answer a demand letter. Check whether your purchase agreement has a clause on disputes or time limits, because those terms may matter.
Selling soon?
Most of the protection comes before closing: an honest disclosure statement, a clear purchase agreement and good records. If you are getting ready to sell, ask for a written home value estimate and a Raven agent can walk you through the paperwork your sale will need.
