Key Takeaways

  • Wisconsin law requires licensees to provide a written disclosure statement describing agency options to consumers
  • The disclosure must be provided not later than the time the firm enters into an agency agreement with the client
  • Wisconsin recognizes three buyer relationship options: pre-agency, subagency (customer), and buyer agency (client)
  • All parties are owed certain duties including fair and honest service, reasonable skill and care, and disclosure of material adverse facts
  • Written buyer-broker agreements are now required before showings under 2025 rule changes
Last updated: January 2026

Wisconsin Agency Disclosure Requirements

Wisconsin law requires real estate licensees to provide written disclosure about agency relationships and brokerage services available to consumers.

Purpose of Agency Disclosure

The Wisconsin Real Estate Examining Board requires licensees to provide a written disclosure statement (Form WB-50) that describes:

  • Types of brokerage services available
  • Agency relationship options
  • Duties owed to clients and customers
  • How compensation works

Key Point: The disclosure form must be provided not later than the time the firm enters into an agency agreement with the client.

When to Provide Disclosure

SituationWhen to Provide
Listing appointmentBefore signing listing agreement
Buyer consultationBefore entering buyer agency agreement
First substantive contactBefore any confidential discussion
Open houseBefore substantive conversation

Client Acknowledgment

If the written disclosure statement is not incorporated into the agency agreement:

  • The firm shall request the client's signed acknowledgment
  • Acknowledgment confirms receipt of disclosure
  • Consumer signature provides documentation

Wisconsin Disclosure Form (WB-50)

The DSPS-approved Agency Disclosure Statement (WB-50) includes:

ContentDescription
Agency optionsExplains buyer and seller representation choices
Duties to all partiesLists universal obligations
Duties to clientsLists enhanced client obligations
CompensationExplains how agents are paid
Consent provisionsFor dual agency situations

2025 Update: Written buyer-broker agreements are now required before showings, with updated commission disclosure rules and enhanced MLS listing obligations.

Buyer Relationship Options

Wisconsin law provides buyers with three relationship choices:

1. Pre-Agency

In pre-agency, the buyer is NOT a client or customer of the firm:

FeatureDescription
Services availableShowing properties, providing information
What firm cannot doNegotiate for the buyer
Representation levelNeutral information provider

2. Subagency (Buyer as Customer)

In subagency, the buyer is a customer:

FeatureDescription
Services availableDuties owed to all parties, authorization to negotiate
What buyer does NOT receiveClient-level services or advice
No advice onHow much to offer, negotiation strategy, which property to pursue

3. Buyer Agency (Buyer as Client)

In buyer agency, the buyer is a client:

FeatureDescription
Agreement requiredWritten buyer agency agreement
Services availableFull brokerage services
Advice availablePricing recommendations, negotiation strategy, property recommendations

Key Distinction: Customers receive basic services; clients receive full representation and advice.

Seller Relationship Options

Listing Agency (Seller as Client)

When a seller signs a listing agreement:

FeatureDescription
Agreement typeWritten listing agreement
RepresentationFull seller representation
Firm dutiesAll duties owed to clients
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Wisconsin Buyer Agency Relationship Options
Test Your Knowledge

When must a Wisconsin firm provide the agency disclosure statement to a client?

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Test Your Knowledge

In Wisconsin, what is the relationship status of a buyer in pre-agency?

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