Back to Questions
housingWI

What must a home seller disclose in Wisconsin?

Federal & State Law Editorial TeamLast reviewed: 2026-05-17

Wisconsin codifies disclosure in Wis. Stat. Chapter 709.

1. Real Estate Condition Report — § 709.02

  • Required for sales of residential property containing 1-4 dwelling units.
  • Statutory form has 25 sections covering:
  • - Structural (foundation, basement, ceiling, floor, roof).

    - Mechanical (plumbing, electrical, heating, AC, water heater).

    - Well and septic.

    - Environmental: asbestos, lead, radon, USTs, mold, contaminated soil, methamphetamine.

    - Boundary disputes, easements, flood zone.

    - Building/zoning code violations.

    2. Timing

  • Must be delivered within 10 days after acceptance of the contract.
  • Buyer has 2 business days after receipt to rescind if disclosed defects are unacceptable (§ 709.05).
  • 3. Vacant Land Disclosure Report — § 709.033

  • Separate form for vacant land sales.
  • 4. Lead-Based Paint

  • Federal 42 USC § 4852d for pre-1978 dwellings.
  • 5. Exemptions — § 709.01

  • Court-ordered transfers, between co-owners or spouses, fiduciary in estate, transfers to/from government.
  • Wisconsin's exemption list is narrow — most owner-occupants must complete the form.
  • 6. Defect Standard

  • Wisconsin uses a "defect" standard: a condition that substantially affects the value, health or safety of the occupants or significantly shortens or adversely affects the expected normal life of the premises.
  • 7. "As-Is" Sales

  • "As-is" does not waive the statutory duty to deliver an accurate Report or shield intentional misrepresentation.
  • 8. Statute of Limitations

  • 6 years for fraud and contract (Wis. Stat. § 893.93(1)(b) and § 893.43).
  • This is legal information, not legal advice.

    When to Talk to a Lawyer
    • You discovered a material defect post-closing the seller knew about
    • The Real Estate Condition Report contained false statements
    • Lead paint or asbestos was concealed in a pre-1978 home
    Related Statutes & Laws
    • Wis. Stat. § 709.02
    • Wis. Stat. § 709.05
    • Wis. Stat. § 893.93
    • 42 U.S.C. § 4852d

    This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.