Wis. Stat. » CHAPTER 709 — DISCLOSURES BY OWNERS OF REAL ESTATE
Wisconsin Statutes

Wis. Stat. § 709.03 (2026)

Residential real estate condition report form

✓ current as of July 2026
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709.03709.03 Residential real estate condition report form. The report required under s. 709.02 with respect to real property, as defined in s. 709.001 (5) (a), shall be in substantially the following form and shall include at least all of the following information:
REAL ESTATE CONDITION REPORT
DISCLAIMER
This condition report concerns the real property located at .... in the .... (city) (village) (town) of ...., county of ...., state of Wisconsin. This report is a disclosure of the condition of that property in compliance with section 709.02 of the Wisconsin Statutes as of .... (month) .... (day), .... (year). It is not a warranty of any kind by the owner or any agents representing any party in this transaction and is not a substitute for any inspections or warranties that the parties may wish to obtain.
A buyer who does not receive a fully completed copy of this report within 10 days after the acceptance of the contract of sale or option contract for the above-described real property has the right to rescind that contract (Wis. Stat. s. 709.02), provided the owner is required to provide this report under Wisconsin Statutes chapter 709.
NOTICE TO PARTIES REGARDING ADVICE OR INSPECTIONS
Real estate licensees may not provide advice or opinions concerning whether or not an item is a defect for the purposes of this report or concerning the legal rights or obligations of parties to a transaction. The parties may wish to obtain professional advice or inspections of the property and to include appropriate provisions in a contract between them with respect to any advice, inspections, defects, or warranties.
A. OWNER’S INFORMATION
A1. In this form, “aware” means the “owner(s)” have notice or knowledge.
A2. In this form, “defect” means a condition that would have a significant adverse effect on the value of the property; that would significantly impair the health or safety of future occupants of the property; or that if not repaired, removed, or replaced would significantly shorten or adversely affect the expected normal life of the premises.
A3. In this form, “owner” means the person or persons, entity, or organization that owns the above-described real property.
An “owner” who transfers real estate containing one to four dwelling units, including a condominium unit and time-share property, by sale, exchange, or land contract is required to complete this report.
Exceptions: An “owner” who is a personal representative, trustee, conservator, or fiduciary appointed by or subject to supervision by a court, and who has never occupied the property transferred is not required to complete this report. An “owner” who transfers property that has not been inhabited or who transfers property in a manner that is exempt from the real estate transfer fee is not required to complete this report. (Wis. Stat. s. 709.01)
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A4. The owner represents that to the best of the owner’s knowledge, the responses to the following questions have been accurately checked as “yes,” “no,” or “not applicable (N/A)” to the property being sold. If the owner responds to any question with “yes,” the owner shall provide, in the additional information area of this form, an explanation of the reason why the response to the question is “yes.”
A5. If the transfer is of a condominium unit, the property to which this form applies is the condominium unit, the common elements of the condominium, and any limited common elements that may be used only by the owner of the condominium unit being transferred.
A6. The owner discloses the following information with the knowledge that, even though this is not a warranty, prospective buyers may rely on this information in deciding whether and on what terms to purchase the property. The owner hereby authorizes the owner’s agents and the agents of any prospective buyer to provide a copy of this report, and to disclose any information in the report, to any person in connection with any actual or anticipated sale of the property.
CAUTION: The lists of defects following each question below are examples only and are not the only defects that may properly be disclosed in response to each respective question.
B. STRUCTURAL AND MECHANICAL
- See PDF for table PDF
C. ENVIRONMENTAL
- See PDF for table PDF
D. WELLS, SEPTIC SYSTEMS, STORAGE TANKS
- See PDF for table PDF
E. TAXES, SPECIAL ASSESSMENTS, PERMITS, ETC.
- See PDF for table PDF
F. LAND USE
- See PDF for table PDF
G. ADDITIONAL INFORMATION
- See PDF for table PDF
OWNER’S CERTIFICATION
NOTE: Wisconsin Statute section 709.035 requires owners who, prior to acceptance of a purchase contract or an option to purchase, obtain information that would change a response on this report to submit a complete amended report or an amendment to the previously completed report to the prospective buyer within 10 days of acceptance.
The owner certifies that the information in this report is true and correct to the best of the owner’s knowledge as of the date on which the owner signs this report.
Owner ................................................ Date ..............
Owner ................................................ Date ..............
Owner ................................................ Date ..............
CERTIFICATION BY PERSON SUPPLYING INFORMATION
A person other than the owner certifies that the person supplied information on which the owner relied for this report and that the information is true and correct to the best of the person’s knowledge as of the date on which the person signs this report.
Person ..................................... Items ....................................... Date .................
Person ..................................... Items ....................................... Date .................
Person ..................................... Items ....................................... Date .................
BUYER’S ACKNOWLEDGEMENT
The prospective buyer acknowledges that technical knowledge such as that acquired by professional inspectors may be required to detect certain defects such as the presence of asbestos, building code violations, and floodplain status.
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I acknowledge receipt of a copy of this statement.
Prospective buyer ........................................... Date .................
Prospective buyer ........................................... Date .................
Prospective buyer ........................................... Date .................
709.03 HistoryHistory: 1991 a. 162; 1995 a. 27 ss. 7067, 9116 (5), 9130 (4); 1995 a. 180; 2007 a. 121; 2009 a. 211; 2011 a. 32, 107; 2013 a. 304; 2017 a. 222, 338; 2021 a. 47, 96; 2021 a. 238 s. 45; 2021 a. 239 s. 74; 2025 a. 120, 237.
709.03 AnnotationThere is nothing in this section or s. 709.02 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.
709.03 AnnotationSection 709.02 (1) and the statutory form under this section clearly set out the reasonable expectation regarding who may rely on a real estate condition report. In s. 709.02 (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.
Notes of Decisions
Cited in 7 cases (2 in the last 5 years), 2005–2023 · leading case: Louis Pagoudis v. Marcus Keidl, 2023 WI 27 (Wis. 2023).
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Louis Pagoudis v. Marcus Keidl, 2023 WI 27 (Wis. 2023). · cites it 6× “" Although the required language of an RECR as set out in Wis. Stat. § 709.03 clearly states that it "is not a warranty of any kind," the complaint alleges plausibly that the Keidls separately offered a warranty as part of the purchase contract, which document is not before this…”
Novell v. Migliaccio, 2008 WI 44 (Wis. 2008). · cites it 6× “" Wis. Stat. § 709.03 . Consistent with § 709.”
Malzewski v. Rapkin, 2006 WI App 183 (Wis. Ct. App. 2006). · cites it 6× “§ 709.03 and defined a "defect" as "a condition that would have a significant adverse effect on the value of the property; that would significantly impair the health or safety of future occupants of the property; or that if not repaired, removed or replaced would significantly…”
Below v. Norton, 2008 WI 77 (Wis. 2008). · cites it 4× “Under that statute, and also under Wis. Stat. § 709.03 , the required property condition report that Below received contained a notice that she may want to obtain either professional advice or an inspection of the property.”
Hoekstra v. Guardian Pipeline, LLC, 2006 WI App 245 (Wis. Ct. App. 2006). · cites it 4× “We conclude that the trial court properly exercised its discretion in excluding this evidence because, according to the plain language of Wis. Stat. § 709.03 , a seller is not required to disclose all possible hazards associated with a characteristic of a property.”
Terpstra v. AELSTYN, 695 N.W.2d 903 (Wis. Ct. App. 2005). · cites it 6× “A number of the items ask whether the seller is aware of "defects" in some aspect of the property, including the roof, electrical system, heating and air conditioning system, well, septic system, and basement or foundation.”
Jennifer Buth v. Daniel Pyawasay (Wis. Ct. App. 2023). · cites it 3× “§ 709.03 (2021-22).1 ¶5 Two days later, Buth moved for default judgment because the Pyawasays failed to file an answer or other responsive pleading to the amended complaint and the time for joining had expired, pursuant to WIS.”
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.