Sell in Madison with Meydomo

Real Estate Condition Report

Wisconsin law (Wis. Stat. §709.01 et seq.) requires sellers of residential real property (1–4 dwelling units) to provide buyers with a completed **Real Estate Condition Report** (RECR). This standardized form asks sellers to state whether they are aware of defects in a long list of areas: structural components, roof, plumbing, electrical, heating/cooling, water supply, septic/sewer, basement (e.g., leakage), environmental hazards (like asbestos, radon, lead, contamination), pest infestations, property boundary or legal issues, etc. The seller must also disclose if the property is part of a homeowner’s association and any pending assessments or fees. The RECR must be furnished to the buyer **no later than 10 days after acceptance of a contract** (and ideally earlier). If the buyer does not receive the RECR within that timeframe, the buyer has the right to rescind the contract (before closing) within 2 business days after the 10-day period ends. Certain sellers are exempt (e.g., personal representatives of estates who haven’t lived on the property, foreclosing lenders, new construction). Sellers are only expected to disclose actual knowledge – they aren’t required to inspect to discover unknown problems. If a seller fails to disclose a known defect on the RECR, they can be liable for damages. Notably, Wisconsin updated its RECR recently to require disclosure of certain new items like if the property has been used to manufacture meth or if there’s any high-voltage electric transmission lines, etc. There's a separate mandated form for lead paint (federal) and for known asbestos or lead pipes there's checkboxes on the RECR. Additionally, if the property is a condominium, the seller must also give condominium disclosure documents (declaration, bylaws, etc., per Wis. Stat. §703.33) but that’s a different package not part of RECR. Summarily, the RECR is the central disclosure for houses. Wisconsin also has a separate Vacant Land Disclosure report for land sales, but for houses the RECR suffices.

• Wis. Stat. §§709.02-709.05:contentReference[oaicite:257]{index=257}

MLS Procedures

In Wisconsin, MLS listings (like the South Central WI MLS or MetroMLS in Milwaukee) usually include a note 'Condition Report: Yes' and attach the seller’s completed RECR PDF for agents to view. Because providing the RECR is so standard, listing brokers typically get it filled out at listing time. MLS rules enforce Clear Cooperation (1 day). They also require at least one exterior photo. MLS remarks cannot have any potentially discriminatory language (Wisconsin Realtors are very aware of fair housing - e.g., they avoid saying 'great family neighborhood'). The MLS has fields for things that are also on the RECR, like 'basement: full, partial, etc.' and 'foundation: poured, block, etc.' but that’s more property data. If an agent knows of a defect not in the RECR (say the seller refused to fix something discovered and didn’t amend the RECR), ethically they should disclose it. The MLS won’t individually police that unless an ethics complaint arises, but buyer agents will use the inspection contingency heavily regardless. The MLS often encourages uploading associated docs like a well test or septic report if available. Also, the standard Wisconsin Offer to Purchase form has a checkbox whether RECR was received prior to offer. MLS agents try to ensure that's 'yes' by providing it via MLS. If a property was exempt (e.g., estate with no occupant knowledge), MLS remarks will say 'Seller exempt from RECR per Wis. Stat. 709'. That signals to buyers to take extra caution. Overall, the MLS assists in delivering disclosures but the legal obligation and timing is governed by statute. The MLS fines for missing statuses or incomplete required fields, but not for failing to attach an RECR – it’s just customary to attach because everyone expects it early in the process.

• SCWMLS Rules & Regs
• WRA Offer to Purchase (WB-11)

Lead-Based Paint Hazard Disclosure

Federal law requires that for housing built before 1978, sellers must disclose any known lead-based paint or hazards and provide buyers with the EPA lead safety pamphlet, plus give buyers up to 10 days to conduct a lead risk assessment if desired.

• 42 U.S.C. 4852d
• 24 CFR 35

Fair Housing Act (No Discriminatory Advertising)

Under federal and Wisconsin law, advertisements for a property sale cannot state preferences or limitations based on protected classes. Wisconsin explicitly adds things like lawful source of income as protected. Thus, no listing verbiage like 'perfect for single professionals' or 'no children, please' is allowed.

• 42 U.S.C. §3604(c)
• Wis. Stat. §106.50(2)