Wisconsin Statutes

Wis. Stat. § 709.02 (2026)

Disclosure

✓ current as of July 2026

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709.02709.02 Disclosure.

709.02(1)(1) In regard to transfers described in s. 709.01, the owner of the property shall furnish, not later than 10 days after acceptance of a contract of sale or option contract, to the prospective buyer of the property a completed copy of the report under s. 709.03 or 709.033, whichever is applicable, subject to s. 709.035, except that the owner may substitute for any entry information supplied by a licensed engineer, professional land surveyor, as defined in s. 443.01 (7m), or structural pest control operator, by an individual who is a qualified 3rd party, or by a contractor about matters within the scope of the contractor’s occupation, if the information is in writing and is furnished on time and if the entry to which it relates is identified, and except that the owner may substitute for any entry information supplied by a public agency. Information that substitutes for an entry on the report under s. 709.03 or 709.033 and that is supplied by a person specified in this section may be submitted and certified on a supplemental report prepared by the person, as long as the information otherwise satisfies the requirements under this section. A report under s. 709.03 or 709.033 is considered complete only if the owner answered, or supplied information under s. 709.035 for, each item on the report. A prospective buyer who does not receive a report within the 10 days may, within 2 business days after the end of that 10-day period, rescind the contract of sale or option contract by delivering a written notice of rescission to the owner or to the owner’s agent and is entitled to the return of any deposits or option fees paid in the transaction.

709.02(2)(2) In regard to a transfer of a condominium unit, if the owner is required under s. 709.01 to provide the information under sub. (1), the owner shall furnish, in addition to and at the same time as the information required under sub. (1), all the following information as an addendum to the report under s. 709.03 or 709.033:

709.02(2)(a)(a) The name of the condominium and the date the condominium was created by recording condominium instruments with the register of deeds under s. 703.07; the unit number of the property offered for sale; and the name, address, and telephone number of the seller or the seller’s agent.

709.02(2)(b)(b) The name and address of the condominium association; a statement specifying whether the association is self-managed or has hired or retained management; and the name, address, and telephone number of the individual who may be contacted as a representative of the association regarding the sale, in particular, or the condominium, in general.

709.02(2)(c)(c) The amount of current condominium assessments, fees, special assessments, or other charges for which a unit owner is responsible and whether the current charges for the unit have been paid.

709.02(2)(d)(d) Unless excused by s. 703.365 (8), a copy of the executive summary required under s. 703.33 (1) (h).

709.02 HistoryHistory: 1991 a. 162; 1995 a. 180; 1999 a. 150 s. 672; 2003 a. 283; 2011 a. 107, 203; 2013 a. 165, 358; 2021 a. 96.

709.02 NoteNote: 2003 Wis. Act 283, which affected this section, contains extensive explanatory notes.

709.02 AnnotationThere is nothing in this section or s. 709.03 that requires a seller to provide details of specific safety and health hazards associated with any property defect. Sellers of real estate are required to disclose general descriptions of potential defects in the property. In the case of a natural gas pipeline, this chapter does not require a seller to disclose all potential problems that could foreseeably arise as a result of the pipeline’s presence. Hoekstra v. Guardian Pipeline, LLC, 2006 WI App 245, 298 Wis. 2d 165, 726 N.W.2d 648, 03-2809.

709.02 AnnotationSub. (1) and the statutory form under s. 709.03 clearly set out the reasonable expectation regarding who may rely on a real estate condition report. In sub. (1), “prospective buyer” refers specifically to a buyer already in contract with the seller. Thus, that term in the context of the statute must be limited to a future buyer within the specific transaction at issue. The statutes establish that a seller must reasonably expect reliance by only the prospective buyer in the current transaction. Pagoudis v. Keidl, 2023 WI 27, 406 Wis. 2d 542, 988 N.W.2d 606, 20-0225.

709.02 AnnotationResidential Real Property Disclosure Duties. Hinkston. Wis. Law. May 2002.

Notes of Decisions

Cited in 8 cases (1 in the last 5 years), 1998–2023 · leading case: Below v. Norton, 2008 WI 77 (Wis. 2008).

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Below v. Norton, 2008 WI 77 (Wis. 2008). · cites it 12× “The record before us reflects that Below received a completed property condition report in accordance with the requirements of Wis. Stat. § 709.02 . Under that statute, and also under Wis.”

Louis Pagoudis v. Marcus Keidl, 2023 WI 27 (Wis. 2023). · cites it 4× “Wis. Stat. § 709.02 (1) ("[T]he owner of the property shall furnish, not later than 10 days after acceptance of a contract of sale or option contract, to the prospective buyer of the property a completed copy of the report under s.”

Hoekstra v. Guardian Pipeline, LLC, 2006 WI App 245 (Wis. Ct. App. 2006). · cites it 10× “The second issue is whether, under the real estate disclosure requirements set forth in Wis. Stat. § 709.02 (1), 5 the Landowners would be required to *175 disclose all possible hazards associated with the pipeline.”

Novell v. Migliaccio, 2008 WI 44 (Wis. 2008). · cites it 4× “Wis. Stat. § 709.02 . A "defect" is defined in the report as "a condition that would have a significant adverse effect on the value of the property .”

Below v. Norton, 2007 WI App 9 (Wis. Ct. App. 2006). · cites it 5× “The record reflects that Below did receive the property condition report in accord with Wis. Stat. § 709.02 , and that that report disclosed a defect with the bathtub drain.”

Ramsden v. Farm Credit Servs. of North Cent. Wisconsin ACA, 590 N.W.2d 1 (Wis. Ct. App. 1998). · cites it 2× “Similarly, the second claim, negligent remediation, is not directed at Hass because the claim is premised on Agribank's duty to remedy the contamination.”

Shister v. Patel, 2009 WI App 163 (Wis. Ct. App. 2009). · cites it 2× “02 , which requires a property condition report, and, therefore, determined that "the ELD should bar common-law claims for intentional misrepresentation that arise in the context of residential, or noncommercial, real estate transactions when .”

Novell v. Migliaccio, 2010 WI App 67 (Wis. Ct. App. 2010). · cites it 2× “) See Wis. Stat. §§ 709.02 , 709.03. As noted, this representation cannot be a basis for liability under Wis.”

— Wis. Stat. § 709.02(1) — 2 cases

Louis Pagoudis v. Marcus Keidl, 2023 WI 27 (Wis. 2023). “Wis. Stat. § 709.02 (1) ("[T]he owner of the property shall furnish, not later than 10 days after acceptance of a contract of sale or option contract, to the prospective buyer of the property a completed copy of the report under s.”

Hoekstra v. Guardian Pipeline, LLC, 2006 WI App 245 (Wis. Ct. App. 2006). “The second issue is whether, under the real estate disclosure requirements set forth in Wis. Stat. § 709.02 (1), 5 the Landowners would be required to *175 disclose all possible hazards associated with the pipeline.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.