The Real Estate Condition Report, Item by Item

In Wisconsin the seller of a 1 to 4 unit home fills out a state form of 76 items about defects they know of. Each item below says what the seller is asked and where you can check the answer yourself.

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Not legal or financial advice. This page explains Wisconsin's rules and public programs in plain English, each linked to the law, form or agency page it comes from. Your offer is a contract: read the whole form, and ask your agent, lender or a lawyer about your own deal.

The Basics

  • Who gives it. Anyone selling, exchanging or selling on land contract a property with 1 to 4 dwelling units, including condos, unless the transfer is exempt from the transfer fee.(Wis. Stat. 709.01) Fiduciaries such as personal representatives and trustees who never lived there are exempt,(Wis. Stat. 709.01) and property never lived in isn't covered; vacant land has its own report.(Wis. Stat. 709.001)
  • When. No later than 10 days after acceptance. It's complete only if every item is answered.(Wis. Stat. 709.02)
  • "Aware" and "defect." Aware means the owner has notice or knowledge. A defect is a condition that would significantly hurt the value, significantly impair health or safety, or, if not fixed, significantly shorten the normal life of the premises.(Wis. Stat. 709.03)
  • Experts can answer for the seller. The owner may substitute written information from an engineer, surveyor, pest control operator, contractor or public agency, and isn't liable for errors in it or for errors they didn't know about.(Wis. Stat. 709.02, 709.07)
  • Honesty, not a warranty. The seller must answer with honesty in fact.(Wis. Stat. 709.06) The form says it isn't a warranty or a substitute for inspections.(Wis. Stat. 709.03)
  • Newest item. 2025 Wisconsin Act 120 added item E3m, an existing neighborhood improvement special assessment, effective October 1, 2026.(Wis. Stat. 709.03)
  • Condos also get an addendum with the association contact, current assessments and fees, and whether they're paid.(Wis. Stat. 709.02)

Your Rights as the Buyer

  • No report in 10 days: rescind by written notice within 2 business days after the 10 days end, and get your deposits back.(Wis. Stat. 709.02)
  • Report discloses a defect (and you got it after submitting your offer): rescind in writing within 2 business days after you or your agent receive it.(Wis. Stat. 709.05)
  • Incomplete report, or an item wrongly marked N/A: the same 2-business-day right, if you didn't know of the undisclosed defects.(Wis. Stat. 709.05)
  • No right to rescind if you had a complete report before you made the offer (except for a later amendment showing a new defect), or over a defect you already knew about.(Wis. Stat. 709.05)
  • Amendments. A seller who learns something before acceptance that changes an answer must give you an amended report.(Wis. Stat. 709.035)
  • Waivers and closing. You can waive the report or the right to rescind in writing, and closing ends the right to rescind. Rescission is the only remedy in ch. 709 itself.(Wis. Stat. 709.05, 709.08)

Every "yes" must be explained.(Wis. Stat. 709.03) Read the explanations, then check each one below against the records and your home inspection.

A. Owner's information

ItemWhat the seller is askedHow to check it
A1Defines "aware": the owner has notice or knowledge.Your condition report rights
A2Defines "defect": a condition that would significantly hurt the property's value, significantly impair occupants' health or safety, or, if not fixed, significantly shorten the expected normal life of the premises.The inspector's narrower definition
A3Defines "owner" and repeats who must complete the report and who is exempt (never-occupied fiduciaries, never-inhabited property, transfer-fee-exempt transfers).Who must give the report
A4Owner represents the yes/no/N/A answers are accurate to the best of their knowledge and must explain every "yes".Rescinding over a disclosed defect
A5For a condo, the report covers the unit, the common elements and the owner's limited common elements.Condo declarations at the Register of Deeds
A6Owner acknowledges buyers may rely on the report (though it's not a warranty) and authorizes agents to share it in connection with a sale.Get your own inspection

B. Structural and mechanical

ItemWhat the seller is askedHow to check it
B1Defects in the roof (e.g., leaks, significant gutter or eave problems).Roof: what inspectors check
Hail reports near the address
B2Defects in the electrical system (examples given: wiring not to code, knob and tube, 60 amp service, aluminum branch circuit wiring).Electrical: what inspectors check
Knob and tube wiring
B3Defects in any part of the plumbing system, including water heater, water softener and swimming pool (leaks, pipes, toilets, faucets, tubs, showers, sprinklers).Plumbing: what inspectors check
Water hardness and softeners
B4Defects in heating and air conditioning, including air filters, humidifiers, supplemental heaters, ventilating fans, solar collectors.Furnace and AC basics
Heating: what inspectors check
B5Defects in a woodburning stove or fireplace (chimney, flue, inserts, stoves not installed to code) or damage from a fire anywhere on the property.Chimney and flue inspection
B6Defects in smoke or carbon monoxide detectors, or violations of smoke/CO detector laws. Note: state law requires working smoke detectors on all levels and CO detectors on all levels of most homes.Smoke and CO alarm rules
B7Defects in the basement or foundation: cracks, seepage, bulges, flooding, drain tile or sump pump defects, movement or deterioration.Old basements
Foundation: what inspectors check
B8Defects in any structure: wall movement, major cracks, wood rot, significant problems with driveways, sidewalks, patios, decks, fences, piers, windows, doors, floors, ceilings, stairs, insulation.Structure and exterior
Was the deck or addition permitted?
B9Defects in mechanical equipment sold with the house (appliances, central vacuum, garage door opener, in-ground sprinkler, pet containment).Garage door openers
What inspectors run
B10Rented items on the property, such as a water softener or conditioner.What's included in the offer
B11Basement, window or plumbing leaks; overflow from sinks, tubs or sewers; other ongoing water or moisture intrusion.Signs of water inside
Ice dam leaks
B12Space to explain "yes" answers in section B.Ask your inspector to look at each yes

C. Environmental

ItemWhat the seller is askedHow to check it
C1Presence of unsafe levels of mold.Mold basics
Mold testing
C2Defects from radon, radium in water, high-voltage (100 KV+) lines or steel gas transmission lines on but not serving the property, lead in paint or soil, or other hazardous substances. Notes the federal lead paint disclosure for most pre-1978 homes.Radon in Dane County
Lead paint
Lead records
C3Presence of asbestos or asbestos-containing materials.Asbestos in older homes
Asbestos sampling
C4Hazardous or toxic substances (or their storage) on neighboring properties.DNR cleanup sites map
Official maps
C5Current or past termite, powder post beetle or carpenter ant infestations, or damage from animals, reptiles or insects.House pests
Pest inspections
C6Water quality problems from lead.Lead service lines
Water quality by well
C7Manufacture of methamphetamine or other hazardous substances on the property.Hazardous substances at home
C8Space to explain "yes" answers in section C.Add-on tests

D. Wells, septic systems, storage tanks

ItemWhat the seller is askedHow to check it
D1Defects in a well on or serving the property, including unsafe water (bacteria, nitrate, arsenic) or unused wells not properly closed.Well construction records
Well inspection at sale
D2A joint (shared) well serves the property.Well records
Recorded well agreements
D3Defects related to a joint well.Well testing
D4A septic system or other private sanitary system serves the property.Septic systems
D5Septic defects (backups, ponding, missing baffles) or an out-of-service septic system not properly closed.Septic inspections
D6Underground or aboveground fuel storage tanks on or previously on the property (may need DATCP registration).DNR cleanup sites map
D7Defects in those fuel tanks (improperly abandoned, leaking, corroded, not meeting standards).Leaking tank records
D8An LP tank on the property; owner must say whether it's owned or leased.Fuel piping: what inspectors check
D9Defects in an LP tank.Fuel storage and piping
D10Space to explain "yes" answers in section D.Home inspections

E. Taxes, special assessments, permits, etc.

ItemWhat the seller is askedHow to check it
E1Notice of unusual property tax increases or a pending reassessment.Read the tax bill
Assessment appeals
E2Remodeling that may raise the assessed value.How a remodel affects the assessment
E3Pending special assessments.Madison special assessments
Check the Special Assessment tab
E3mAn existing neighborhood improvement special assessment. New item, effective 10-1-26 (2025 Wis. Act 120).Special assessments
E4Property is in a special purpose district (e.g., drainage district) that can levy assessments.Special districts on the tax bill
E5Proposed public construction projects that may affect use of the property.Planned street projects
E6Remodeling, replacements, repairs or additions to structure or mechanicals during the owner's time without required permits.Which work needs a permit
Search the permit history
E7A land division involving the property without a required state or local permit.Plats and certified survey maps
E8Space to explain "yes" answers in section E.Public-record checks

F. Land use

ItemWhat the seller is askedHow to check it
F1Property is part of or subject to a subdivision homeowners' association.Recorded association documents
F2For non-condos, common areas co-owned with others.Recorded documents
F3Zoning code violations.Zoning lookup
Permits by town
F4Any part of the property is in a floodplain, wetland or shoreland zoning area.Flood maps
Wetland maps
F5Nonconforming uses (lawful before current zoning, but don't meet it now).Zoning lookup
F6Conservation easements.Recorded easements
F7Restrictive covenants or deed restrictions.Recorded covenants
F8Non-owners with rights to use part of the property (private rights-of-way, easements other than recorded utility easements).Easements and lot lines
F9A DNR-required shoreland mitigation plan enforceable by the county.Shoreland maps
F10aAll or part of the property assessed as agricultural land (use value assessment).Assessment classes on the bill
F10bA use-value assessment conversion charge has been assessed.Charges on the bill
F10cPayment of a use-value conversion charge has been deferred.Charges on the bill
F11Property subject to or in violation of a farmland preservation agreement.County land maps
F12Property in the Forest Crop Law, Managed Forest Law, Conservation Reserve Program or similar.Tax programs on the bill
F13A dam on the property, or a share in a dam that transfers with it (e.g., via HOA or lake district).Water and dam maps
F14Boundary or lot line disputes, encroachments or encumbrances (including a joint driveway).Boundary disputes and surveys
F15No legal access to the property.Access and easements
F16Government regulations or orders requiring repairs or corrections (e.g., building code orders).Building inspection by town
Permit and order history
F17A pier not in compliance with state or local pier rules.Shoreland maps
F18A written agreement affecting riparian rights.Recorded agreements
F19Property abuts a waterway bed owned by a hydroelectric operator.Water maps
F20Burial sites on the property.Wisconsin Historical Society records
F21Space to explain "yes" answers in section F.Property lookup

G. Additional information

ItemWhat the seller is askedHow to check it
G1Insurance claims for damage to the property in the last five years.Home insurance claims
Hail reports near the address
G2Historic building designation or historic district.Historic districts and registers
Historic district check
G3Agreements that bind future owners, like a lease or electric cooperative credit.Recorded agreements
G4Owner is a foreign person under FIRPTA (26 USC 1445(f)); if so the buyer must withhold tax unless an exception applies.Closing
G5Any other defects (drainage or grading problems, sliding, settling, earth movement).Water runoff
Grading and drainage
G6How many years the owner has owned the property.Deed history
Past sales
G7How many years the owner has lived in the property.Lottery credit (owner-occupied homes)
G8Space to explain "yes" answers in section G.Home inspections

After section G the owner certifies the answers, anyone who supplied information certifies theirs, and you sign for receipt. Your acknowledgment notes that some defects, such as asbestos, code violations and floodplain status, may take a professional inspection to find.(Wis. Stat. 709.03)

Lead Paint Disclosure (Homes Built Before 1978)

Item C2 asks about lead, and federal law adds its own disclosure for most pre-1978 homes. Before you sign, the seller must give you EPA's pamphlet, disclose known lead paint and hazards, and hand over available records. You get 10 days for a lead inspection or risk assessment unless you agree in writing to change or waive it.(EPA) Lead testing options are under add-on tests.

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Questions

What is a real estate condition report in Wisconsin?

A form set by state law (Wis. Stat. 709.03) where the seller of a 1 to 4 unit home answers yes, no or N/A to a list of possible defects and explains every yes. It's a disclosure of what the seller knows, not a warranty or an inspection.

When does the seller have to give it to me?

No later than 10 days after your offer is accepted. If you don't get it, you can rescind within 2 business days after those 10 days by written notice, and get your deposits back.

Can I back out because of something on the report?

If you got the report after you submitted your offer and it discloses a defect, you can rescind in writing within 2 business days of receiving it. You can't rescind over a defect you already knew about, or if you had a complete report before you made the offer.

Who doesn't have to fill one out?

Personal representatives, trustees, conservators and other court fiduciaries who never lived in the property, and transfers exempt from the real estate transfer fee. Property that has never been lived in isn't covered either.

What does 'aware' mean on the form?

That the owner has notice or knowledge. The seller answers what they know; the form doesn't require them to test or inspect.