Key Takeaways

  • Wisconsin REQUIRES a mandatory Real Estate Condition Report for most residential property sales
  • The seller must complete the disclosure form and provide it to the buyer
  • Chapter 709 of Wisconsin Statutes governs property disclosures
  • Licensees must disclose known material adverse facts that affect property value
  • Lead-based paint disclosure IS required for pre-1978 homes (federal law)
Last updated: January 2026

Wisconsin Property Disclosures

Wisconsin requires sellers to provide detailed property disclosures under Chapter 709 of Wisconsin Statutes.

Mandatory Seller Disclosure (Real Estate Condition Report)

Wisconsin law REQUIRES sellers to provide a Real Estate Condition Report to buyers of residential property.

Key Points

RequirementDetails
Statutory authorityChapter 709, Wisconsin Statutes
Form requirementReal Estate Condition Report
Who completesSeller
When providedBefore acceptance of offer

Important: Wisconsin differs from states like Alabama that do NOT require seller disclosures. Wisconsin has comprehensive disclosure requirements.

What Must Be Disclosed

The Real Estate Condition Report requires sellers to disclose:

Structural Components

ItemDisclosure Required
FoundationKnown defects, cracks, settling
RoofAge, leaks, repairs
Walls and ceilingsWater damage, structural issues
FloorsCondition, known defects

Systems

SystemDisclosure Required
PlumbingLeaks, repairs, well information
ElectricalKnown issues, upgrades
Heating/CoolingType, age, condition
Water heaterAge, condition

Environmental Concerns

IssueDisclosure Required
FloodingHistory of water intrusion
RadonTest results if known
Lead paintFederal disclosure for pre-1978
Underground tanksLocation and status
MoldKnown presence
AsbestosKnown presence

Legal Issues

IssueDisclosure Required
Zoning violationsKnown violations
EasementsKnown easements affecting property
Boundary disputesKnown disputes
AssessmentsSpecial assessments

Exemptions from Disclosure

Certain transfers are exempt from the Real Estate Condition Report requirement:

Exempt TransfersDescription
First sale of new constructionBuilder/developer warranty applies
Foreclosure salesBank-owned property
Court-ordered salesEstate sales, divorce
Transfer between co-ownersFamily or business transfers
Transfer to spouse or childFamily transactions
Government transfersMunicipal or state properties

Buyer's Rights

Inspection Rights

RightDescription
Professional inspectionBuyer may hire inspector
Review periodTime to review condition report
Ask questionsMay request clarification from seller

Remedies for Non-Disclosure

If seller fails to disclose or misrepresents:

RemedyDescription
RescissionCancel the contract
DamagesSue for actual damages
Attorney feesMay recover legal costs

Licensee Disclosure Obligations

Even with seller disclosures, licensees have their own obligations:

Material Adverse Facts

Licensees must disclose material adverse facts they know about:

CategoryExamples
Physical defectsFoundation issues, roof leaks
Environmental hazardsContamination, flooding
Legal issuesZoning violations, liens
Off-site conditionsFactors materially affecting value

Key Duty: Licensees owe the duty to disclose material adverse facts in writing to ALL parties, unless disclosure is prohibited by law.

Federal Lead-Based Paint Disclosure

For homes built before 1978, federal law requires:

RequirementDetails
DisclosureKnown lead-based paint hazards
PamphletEPA pamphlet "Protect Your Family From Lead"
Inspection periodBuyer has 10 days to inspect (waivable)
FormLead-Based Paint Disclosure form

Federal Law: Lead-based paint disclosure is required regardless of other Wisconsin disclosure requirements. This is federal law that applies in all states.

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Wisconsin Property Disclosure Requirements
Test Your Knowledge

Which statement is TRUE about Wisconsin's property disclosure requirements?

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Test Your Knowledge

Under Wisconsin law, which transfer is EXEMPT from the Real Estate Condition Report requirement?

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Test Your Knowledge

What must a Wisconsin licensee disclose to ALL parties in a transaction?

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B
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D