Badger Homeowner

For Sale by Owner in Wisconsin

Selling your home yourself is legal in Wisconsin. Here's the road from getting ready to closing: what you do, what the buyer does, and every deadline along the way.

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Not legal or tax advice. This page summarizes Wisconsin statutes, the state-approved offer forms and federal rules. A real estate attorney can draft or review your offer and handle closing; an attorney acting as an attorney doesn't need a real estate license.(Wis. Stat. 452.01)

  1. Decide and Get Set Up
  2. Get the House and Paperwork Ready
  3. Set a Price
  4. List It and Show It
  5. Write and Accept the Offer
  6. From Acceptance to Closing
  7. Closing
  8. After Closing

Buying from an owner? Every stage has a column for you: what to ask for, what to check and what you're owed when there's no listing agent. Buying a house, step by step covers the offer from the buyer's side in more depth.

Put Your Dates on the Roadmap

Once you have an accepted offer, add its date and the planned closing, then choose Create My Roadmap. We'll email you a link to your roadmap: every stage with its deadlines on your dates, and the ones that don't apply to your sale left out. You can also get email reminders for the major milestones and share the roadmap with the other side, so you both work from the same dates.

The stages below show the standard offer form's deadlines in days. Create your roadmap to see them on your dates.

These deadlines assume your offer uses the standard deadlines printed on Wisconsin's offer form (the WB-11, or the WB-14 for a condo, which uses the same ones), counted in calendar days from acceptance except the business-day periods. If your offer sets different deadlines, go by your offer.(WB-11)(WB-14)

Create Your Roadmap

We'll email you a link to your roadmap, with every deadline on your dates.

Write It For

  1. Decide and Get Set Up

    Selling your own home needs no license. Decide what help, if any, you'll pay for.

    You, the Seller

    • You don't need a license to sell your own home. Wisconsin's broker definition covers people who negotiate for someone else, for pay.(Wis. Stat. 452.01)
    • Help comes in three kinds: a real estate attorney (no license needed for legal work),(452.01) a licensed broker for part of the job, or a title company at closing. Anyone you pay to negotiate for you needs a license;(452.03) check one on DSPS's License Lookup.(DSPS)
    • Paying a broker for only part of the job: a client can waive the broker's duty to negotiate, in writing, after a disclosure that says the client may need an attorney or someone else to finish the deal. No other client duty can be waived, and Wisconsin law has no separate "limited service" category.(Wis. Stat. 452.133(6))(452.133(6))(452.133)
    • If the house is a married person's homestead, both spouses sign the sale.(Wis. Stat. 706.02)

    The Buyer

    • An owner selling alone owes the buyer no agent duties. A broker the buyer hires owes them loyalty, advice on request and negotiation on their behalf.(Wis. Stat. 452.133(2))
    • Every firm working in the deal owes every party honesty, reasonable skill and care, and written disclosure of material adverse facts it knows.(452.133(1))

  2. Get the House and Paperwork Ready

    The same disclosures every seller owes, plus the records a buyer will pull on your house.

    You, the Seller

    • Fill out the Real Estate Condition Report, every item; it only counts as complete when every item is answered.(Wis. Stat. 709.02) What's on it and when a buyer can back out: the condition report, and every item explained.
    • Built before 1978: the federal lead disclosure and the EPA pamphlet. See the lead disclosure.(EPA)
    • Pull the records a buyer will: permits, special assessments, the tax bill. Before You Offer lists each check.
    • Smoke and CO alarms: the report reminds you that state law requires smoke detectors on every level, and CO detectors on every level of most homes.(709.03) See which alarms you need.
    • Well or septic: the report asks about defects, but we found no statewide rule requiring an inspection at sale.(709.03) Dane County's septic records are searchable by parcel number.(Public Health Madison & Dane County)
    • Condo: ask the association for the declaration, bylaws, rules, budget and the rest of the 703.33 list. They're due to the buyer at least 15 days before closing.(Wis. Stat. 703.33)

    The Buyer

    • Ask the owner for the condition report before you offer. If you have a complete report first, you can't back out over it later; if it comes after, you can.(709.05)(709.05)
    • Pre-1978: you get the EPA lead pamphlet and the seller's lead disclosure before you're bound, and 10 days to test for lead unless you agree in writing to another period or waive it.(EPA)(40 CFR 745)
    • Run the free public-record checks on the house, including the septic record if it has one.

  3. Set a Price

    Work from the public record. This guide doesn't estimate what a home is worth.

    You, the Seller

    • Start with your assessment and tax bill (Property Lookup), and past sales. A Madison property record lists each recorded sale with its price and deed type, and links sales in the area.(City of Madison Assessor)(City of Madison Assessor)
    • DOR's transfer return system lets anyone search Wisconsin property data and download historical transfer returns.(Wisconsin DOR)
    • For a professional opinion of value, hire a Wisconsin licensed or certified appraiser, the kind the offer's appraisal contingency names.(WB-11)

    The Buyer

    • Check the same records. Madison assesses every property at full market value as of January 1.(City of Madison)
    • With a loan, add an appraisal contingency: if the appraisal comes in below the price, you can object within the days written in, and the seller can cure by lowering the price. There's no default number of days, so write one in.(WB-11)(WB-11)

  4. List It and Show It

    Advertise it, put up a sign, and decide whether you'll pay a buyer's agent.

    You, the Seller

    • Fair housing applies to you. Wisconsin's open housing law expressly covers owner-occupied single-family homes, and bars refusing to sell or advertising a preference based on a protected class.(Wis. Stat. 106.50)(106.50) The federal exemption for some owner sales never covers discriminatory ads.(42 U.S.C. 3603) Wisconsin's protected classes include lawful source of income, marital status, sexual orientation and age.(106.50)
    • A yard sign in Madison needs no permit while the house is for sale: in residential districts up to 12 square feet, 12 feet tall at most, set back 10 feet if it's on the ground, one per street frontage, not lit.(MGO 31.044)(MGO 31.044)(MGO 31.021) Other towns have their own sign codes.
    • Decide whether you'll pay a buyer's firm. The WB-11 calls it an "Offer of Compensation", made on whatever terms you set.(WB-11) From January 1, 2027, any agreement to pay one on a 1 to 4 unit home has to be written into the signed offer.(2025 Wis. Act 69)

    The Buyer

    • Ask the owner for the condition report, any lead disclosure, and for a condo the association documents (the 703.33 list). You're owed them anyway, and having them before you offer changes your rights.(709.05)
    • If you think an owner refused to sell to you, or wrote an ad, based on a protected class, Wisconsin's law covers owner sales.(Wis. Stat. 106.50)
    • If you have an agent, ask how any Offer of Compensation from the seller fits your own agreement with them.

  5. Write and Accept the Offer

    The offer is a state form, and every deadline that follows runs from the day it's accepted.

    You, the Seller

    • Use the state form. DSPS posts the WB-11 Residential Offer to Purchase publicly; licensees must use it, and owners may.(DSPS)(REEB 16.04) The 2026 version is optional from October 1, 2026 and mandatory for licensees from January 1, 2027.(DSPS) Condos use the WB-14.(WB-14)
    • To counter, use a WB-44 Counter-Offer. It rejects the offer and makes a new one, and doesn't carry terms from any other counter unless it says so.(WB-44)(WB-44) To change an accepted offer, both sides sign a WB-40 Amendment.(WB-40) Either one binds only once the accepted copy is delivered by the date written in.(WB-44)
    • Earnest money: name the holder in the offer. With no firm and no holder named, the WB-11 says the seller holds it, and suggests an escrow agreement when no firm does, because the form's rules for paying it out then don't apply.(WB-11)(WB-11)
    • If you'll pay the buyer's firm, the 2026 WB-11 has a section for the amount, as a percent or a dollar figure.(WB-11)

    The Buyer

    • Write the offer on the WB-11 (or WB-14). It binds both sides only once the accepted copy is delivered to you by the date written in.(WB-11)
    • Keep the contingencies you need: financing,(WB-11) inspection,(WB-11) appraisal(WB-11) and radon.(WB-11) Your right to back out over the condition report comes from state law, so the offer needs no checkbox for it.(Wis. Stat. 709.05)
    • Earnest money: no law requires a firm to hold it,(Wis. Stat. 452.13(4)) so agree on a holder and put the terms in writing before you pay. Small Claims Court hears earnest money disputes on 1 to 4 unit homes.(WB-11)

    Deadlines

    • 5 days after acceptanceEarnest money due, if it didn't come with the offer.(WB-11)
    • 7 days after acceptanceCash sale: proof of funds due. If it's late, the seller can end the deal.(WB-11)

  6. From Acceptance to Closing

    The busiest stretch: the condition report, inspections, the loan and the title, each on its own clock.

    You, the Seller

    • Deliver the condition report within 10 days if the buyer doesn't have it yet.(Wis. Stat. 709.02)
    • If the buyer sends a written Notice of Defects after the inspection, you have 10 days after you get it (unless the offer sets another number) to say in writing whether you'll fix them, and then you do the work before closing.(WB-11)
    • Order the owner's title insurance commitment; it has to reach the buyer at least 5 business days before closing.(WB-11)
    • Let the buyer in for the walk-through at a reasonable time you approve.(WB-11)

    The Buyer

    • Book inspections early. Home Inspections covers what an inspector checks and which tests cost extra.
    • Send the inspection report and a written Notice of Defects by the inspection deadline below, or the contingency counts as satisfied.(WB-11)
    • With a loan: deliver the written loan commitment by the days written in. Once you do, the financing contingency is gone and the risk of the loan not funding is yours.(WB-11)

    Deadlines

    • 10 days after acceptanceThe seller's completed condition report is due to the buyer.(Wis. Stat. 709.02)
    • 2 business days after the report deadlineIf no report came, last day for the buyer to back out in writing.(709.05)
    • 10 days after acceptanceBuilt before 1978: the buyer's lead inspection window ends, unless the offer changes or waives it.(40 CFR 745)
    • 10 days after acceptanceCondo: the association documents (the Wis. Stat. 703.33 list) are due to the buyer under the WB-14 condo offer.(WB-14)
    • 5 business days after the condo documentsCondo: the buyer's window to back out for any reason ends, counted from when the buyer gets the documents or day 10 after acceptance, whichever comes first.(Wis. Stat. 703.33)(WB-14)
    • 15 days after acceptanceInspection report and written Notice of Defects due, if the offer has the inspection contingency.(WB-11)
    • 20 days after acceptanceRadon objection due, if the offer has the radon contingency.(WB-11)
    • Days written in the offerLoan: written loan commitment due. If it's late, the seller can end the deal by written notice before it arrives.(WB-11)(WB-11)
    • Days written in the offerLoan: appraisal objection due. The seller then has 5 days (unless the offer sets another number) to cure by lowering the price.(WB-11)
    • 5 business days before closingThe seller's title commitment reaches the buyer, who objects in writing to title problems by closing.(WB-11)(WB-11)
    • Within 3 days before closingThe buyer's walk-through window opens.(WB-11)

    Most deadlines run from acceptance, in calendar days not counting the day of acceptance, and end at 11:59 p.m. Central.(WB-11) Missing one the offer treats as strict ("time is of the essence") can end the deal.(WB-11) Business days skip weekends and Wisconsin and federal legal holidays.(WB-11)

  7. Closing

    Without an agent, you choose who runs closing. The deed, the transfer return and the fee all come together here.

    You, the Seller

    • Choose who runs it. The IRS's list of who can be responsible for closing names the settlement agent, either side's attorney, and a title or escrow company.(IRS) Dane County doesn't supply deed forms and points people to title companies or attorneys.(Dane County Register of Deeds)
    • Sign a warranty deed (what the WB-11 calls for unless the offer says otherwise), prepared at your cost, and the electronic transfer return, and pay the transfer fee ($3 per $1,000). How the fee, recording and prorations work: closing and the transfer fee.(WB-11)(Wis. Stat. 77.22)
    • Pay for the owner's title insurance policy, which the WB-11 puts on the seller unless the offer says otherwise.(WB-11)
    • Form 1099-S: the person responsible for closing files it. A main-home sale of $250,000 or less ($500,000 if married) can skip it with your written certification that the whole gain is excludable.(IRS)(IRS)

    The Buyer

    • Sign the transfer return (it includes the lottery and gaming credit application)(Wis. Stat. 77.22) and pay to record the deed, $30 per document in Dane County.(Dane County)
    • With a loan, you also pay for the lender's title evidence.(WB-11) Any one-time association transfer fee is yours unless the offer crosses that out.(WB-11)
    • Confirm wiring instructions in person or by calling a number you've verified.(WB-11)

    Deadlines

    • Closing dayClosing. If it falls on a weekend or holiday, it moves to the next business day.(WB-11)

  8. After Closing

    A few things to keep and file once the keys change hands.

    You, the Seller

    The Buyer

    Deadlines

    • 3 years after closingBuilt before 1978: the seller keeps the signed lead disclosure at least until this date.(40 CFR 745)

Where FSBO Sales Go Wrong

  • A late condition report. If it doesn't arrive within 10 days, the buyer can walk away in writing within the next 2 business days and get deposits back.(Wis. Stat. 709.05)
  • A report with blanks. An incomplete report gives the buyer 2 business days from receipt to rescind, if they didn't know of the defects.(709.05)
  • No lead disclosure on a pre-1978 home. The pamphlet, the disclosure and the Lead Warning Statement in the contract are federal requirements.(EPA)(40 CFR 745)
  • Earnest money with no agreed holder. When no real estate firm holds it, the offer form's rules for paying it out don't apply, so buyer and seller need an escrow agreement.(WB-11)
  • An offer without the contingencies the buyer needs. Inspection and testing happen only if the offer includes a contingency for them.(WB-11)
  • A missed date. The offer makes the dates for earnest money, acceptance, closing and contingencies strict ("time is of the essence") unless that language is crossed out, so missing one is a breach.(WB-11)
  • An undelivered acceptance. An offer or counter binds only once the accepted copy is delivered by the date written in.(WB-11)(WB-44)
  • One spouse signs. A married person's homestead needs both spouses' signatures.(Wis. Stat. 706.02)
  • An ad that states a preference. Discriminatory ads are illegal even when the owner is otherwise exempt from federal law.(42 U.S.C. 3603)
  • Money wired to a fake account. Confirm wiring instructions in person or by a verified phone number.(WB-11)

Free and Official Help

Questions

Do I Need a Lawyer to Sell My House in Wisconsin?

No law requires one. Wisconsin's license law covers people who negotiate deals for someone else for pay, so you can sell your own home without a license, and an attorney acting as an attorney isn't a broker either.(Wis. Stat. 452.01)(452.01) The contract still has to be a signed writing, and a married person's homestead needs both spouses' signatures.(Wis. Stat. 706.02)(706.02) Many owners pay an attorney to draft or review the offer and handle closing.

Who Holds Earnest Money in a FSBO Sale?

Whoever the offer names. The WB-11 lets you pick the listing firm, the drafting firm or another holder; with no firm in the sale and no holder named, the seller holds it.(WB-11) The WB-11 says to write an escrow agreement when no firm holds it, because its rules for paying the money out then don't apply.(WB-11)

Can I Use the WB-11 Without an Agent?

Yes. DSPS posts the approved forms publicly, and the rule requiring them applies to licensees, not owners.(DSPS)(REEB 16.04) A 2026 WB-11 can be used from October 1, 2026 and is required for licensees from January 1, 2027.(DSPS) Condos use the WB-14.(WB-14)

Do I Have to Pay the Buyer's Agent?

No. The WB-11 treats any payment to the buyer's firm as an "Offer of Compensation" the seller may choose to make.(WB-11) From January 1, 2027, if you agree to pay a buyer's firm on a 1 to 4 unit home, that agreement has to be written into the signed offer.(2025 Wis. Act 69)

Do I Still Have to Give a Condition Report If I Sell It Myself?

Yes. Chapter 709 applies to the owner, not the agent: you give the buyer a completed Real Estate Condition Report within 10 days after accepting the offer.(Wis. Stat. 709.02) If it doesn't arrive, the buyer can rescind within 2 business days after those 10 days.(709.05)

Who Files the 1099-S When There's No Agent?

The person responsible for closing, usually the settlement agent on the closing statement.(IRS) If no one is, the duty falls in order to the mortgage lender, the seller's broker, the buyer's broker and finally the buyer.(IRS) A main-home sale with a written certification that the whole gain is excludable can skip it.(IRS)

Can I Put a for Sale Sign in My Yard in Madison?

Yes, without a permit, while the house is for sale. In residential districts it can be up to 12 square feet and 12 feet tall, set back 10 feet if it's on the ground, one per street frontage and not lit.(MGO 31.044)(MGO 31.044)(MGO 31.021)