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
| Item | What the seller is asked | How to check it |
|---|---|---|
| A1 | Defines "aware": the owner has notice or knowledge. | Your condition report rights |
| A2 | Defines "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 |
| A3 | Defines "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 |
| A4 | Owner 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 |
| A5 | For a condo, the report covers the unit, the common elements and the owner's limited common elements. | Condo declarations at the Register of Deeds |
| A6 | Owner 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
| Item | What the seller is asked | How to check it |
|---|---|---|
| B1 | Defects in the roof (e.g., leaks, significant gutter or eave problems). | Roof: what inspectors check Hail reports near the address |
| B2 | Defects 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 |
| B3 | Defects 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 |
| B4 | Defects in heating and air conditioning, including air filters, humidifiers, supplemental heaters, ventilating fans, solar collectors. | Furnace and AC basics Heating: what inspectors check |
| B5 | Defects 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 |
| B6 | Defects 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 |
| B7 | Defects in the basement or foundation: cracks, seepage, bulges, flooding, drain tile or sump pump defects, movement or deterioration. | Old basements Foundation: what inspectors check |
| B8 | Defects 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? |
| B9 | Defects in mechanical equipment sold with the house (appliances, central vacuum, garage door opener, in-ground sprinkler, pet containment). | Garage door openers What inspectors run |
| B10 | Rented items on the property, such as a water softener or conditioner. | What's included in the offer |
| B11 | Basement, window or plumbing leaks; overflow from sinks, tubs or sewers; other ongoing water or moisture intrusion. | Signs of water inside Ice dam leaks |
| B12 | Space to explain "yes" answers in section B. | Ask your inspector to look at each yes |
C. Environmental
| Item | What the seller is asked | How to check it |
|---|---|---|
| C1 | Presence of unsafe levels of mold. | Mold basics Mold testing |
| C2 | Defects 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 |
| C3 | Presence of asbestos or asbestos-containing materials. | Asbestos in older homes Asbestos sampling |
| C4 | Hazardous or toxic substances (or their storage) on neighboring properties. | DNR cleanup sites map Official maps |
| C5 | Current or past termite, powder post beetle or carpenter ant infestations, or damage from animals, reptiles or insects. | House pests Pest inspections |
| C6 | Water quality problems from lead. | Lead service lines Water quality by well |
| C7 | Manufacture of methamphetamine or other hazardous substances on the property. | Hazardous substances at home |
| C8 | Space to explain "yes" answers in section C. | Add-on tests |
D. Wells, septic systems, storage tanks
| Item | What the seller is asked | How to check it |
|---|---|---|
| D1 | Defects 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 |
| D2 | A joint (shared) well serves the property. | Well records Recorded well agreements |
| D3 | Defects related to a joint well. | Well testing |
| D4 | A septic system or other private sanitary system serves the property. | Septic systems |
| D5 | Septic defects (backups, ponding, missing baffles) or an out-of-service septic system not properly closed. | Septic inspections |
| D6 | Underground or aboveground fuel storage tanks on or previously on the property (may need DATCP registration). | DNR cleanup sites map |
| D7 | Defects in those fuel tanks (improperly abandoned, leaking, corroded, not meeting standards). | Leaking tank records |
| D8 | An LP tank on the property; owner must say whether it's owned or leased. | Fuel piping: what inspectors check |
| D9 | Defects in an LP tank. | Fuel storage and piping |
| D10 | Space to explain "yes" answers in section D. | Home inspections |
E. Taxes, special assessments, permits, etc.
| Item | What the seller is asked | How to check it |
|---|---|---|
| E1 | Notice of unusual property tax increases or a pending reassessment. | Read the tax bill Assessment appeals |
| E2 | Remodeling that may raise the assessed value. | How a remodel affects the assessment |
| E3 | Pending special assessments. | Madison special assessments Check the Special Assessment tab |
| E3m | An existing neighborhood improvement special assessment. New item, effective 10-1-26 (2025 Wis. Act 120). | Special assessments |
| E4 | Property is in a special purpose district (e.g., drainage district) that can levy assessments. | Special districts on the tax bill |
| E5 | Proposed public construction projects that may affect use of the property. | Planned street projects |
| E6 | Remodeling, 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 |
| E7 | A land division involving the property without a required state or local permit. | Plats and certified survey maps |
| E8 | Space to explain "yes" answers in section E. | Public-record checks |
F. Land use
| Item | What the seller is asked | How to check it |
|---|---|---|
| F1 | Property is part of or subject to a subdivision homeowners' association. | Recorded association documents |
| F2 | For non-condos, common areas co-owned with others. | Recorded documents |
| F3 | Zoning code violations. | Zoning lookup Permits by town |
| F4 | Any part of the property is in a floodplain, wetland or shoreland zoning area. | Flood maps Wetland maps |
| F5 | Nonconforming uses (lawful before current zoning, but don't meet it now). | Zoning lookup |
| F6 | Conservation easements. | Recorded easements |
| F7 | Restrictive covenants or deed restrictions. | Recorded covenants |
| F8 | Non-owners with rights to use part of the property (private rights-of-way, easements other than recorded utility easements). | Easements and lot lines |
| F9 | A DNR-required shoreland mitigation plan enforceable by the county. | Shoreland maps |
| F10a | All or part of the property assessed as agricultural land (use value assessment). | Assessment classes on the bill |
| F10b | A use-value assessment conversion charge has been assessed. | Charges on the bill |
| F10c | Payment of a use-value conversion charge has been deferred. | Charges on the bill |
| F11 | Property subject to or in violation of a farmland preservation agreement. | County land maps |
| F12 | Property in the Forest Crop Law, Managed Forest Law, Conservation Reserve Program or similar. | Tax programs on the bill |
| F13 | A 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 |
| F14 | Boundary or lot line disputes, encroachments or encumbrances (including a joint driveway). | Boundary disputes and surveys |
| F15 | No legal access to the property. | Access and easements |
| F16 | Government regulations or orders requiring repairs or corrections (e.g., building code orders). | Building inspection by town Permit and order history |
| F17 | A pier not in compliance with state or local pier rules. | Shoreland maps |
| F18 | A written agreement affecting riparian rights. | Recorded agreements |
| F19 | Property abuts a waterway bed owned by a hydroelectric operator. | Water maps |
| F20 | Burial sites on the property. | Wisconsin Historical Society records |
| F21 | Space to explain "yes" answers in section F. | Property lookup |
G. Additional information
| Item | What the seller is asked | How to check it |
|---|---|---|
| G1 | Insurance claims for damage to the property in the last five years. | Home insurance claims Hail reports near the address |
| G2 | Historic building designation or historic district. | Historic districts and registers Historic district check |
| G3 | Agreements that bind future owners, like a lease or electric cooperative credit. | Recorded agreements |
| G4 | Owner is a foreign person under FIRPTA (26 USC 1445(f)); if so the buyer must withhold tax unless an exception applies. | Closing |
| G5 | Any other defects (drainage or grading problems, sliding, settling, earth movement). | Water runoff Grading and drainage |
| G6 | How many years the owner has owned the property. | Deed history Past sales |
| G7 | How many years the owner has lived in the property. | Lottery credit (owner-occupied homes) |
| G8 | Space 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.