AB812,2 6Section 2 . 440.975 (3) (c) of the statutes is repealed.
AB812,3 7Section 3 . 440.975 (3) (cm) of the statutes is created to read:
AB812,2,128 440.975 (3) (cm) Describes any defect that is detected by the home inspector
9during his or her home inspection. A home inspector is not required to use the term
10“defect” in describing a defect in the written report required under this subsection.
11A home inspector may not use the term “defect” in a written report required under
12this subsection unless that use is consistent with s. 440.97 (2m).
AB812,4 13Section 4. 709.03 of the statutes is repealed and recreated to read:
AB812,2,17 14709.03 Residential real estate condition report form. The report
15required under s. 709.02 with respect to real property, as defined in s. 709.001 (5) (a),
16shall be in substantially the following form and shall include at least all of the
17following information:
AB812,3,1
1REAL ESTATE CONDITION REPORT
AB812,3,33 DISCLAIMER
AB812,3,10 4This condition report concerns the real property located at .... in the .... (city)
5(village) (town) of ...., county of ...., state of Wisconsin. This report is a disclosure
6of the condition of that property in compliance with section 709.02 of the
7Wisconsin Statutes as of .... (month), .... (day), .... (year). It is not a warranty of any
8kind by the owner or any agents representing any party in this transaction and
9is not a substitute for any inspections or warranties that the parties may wish to
10obtain.
AB812,3,1411 A buyer who does not receive a fully completed copy of this report within 10 days after
12the acceptance of the contract of sale or option contract for the above-described real
13property has the right to rescind that contract (Wis. Stat. s. 709.02), provided the
14owner is required to provide this report under Wisconsin Statutes chapter 709.
AB812,3,16
16 NOTICE TO PARTIES REGARDING ADVICE OR INSPECTIONS
AB812,3,2217 Real estate licensees may not provide advice or opinions concerning whether or not
18an item is a defect for the purposes of this report or concerning the legal rights or
19obligations of parties to a transaction. The parties may wish to obtain professional
20advice or inspections of the property and to include appropriate provisions in a
21contract between them with respect to any advice, inspections, defects, or
22warranties.
AB812,3,24
24 A. OWNER'S INFORMATION
AB812,3,2525 A1. In this form, “aware” means the “owner(s)” have notice or knowledge.
AB812,4,5
1A2. In this form, “defect” means a condition that would have a significant adverse
2effect on the value of the property; that would significantly impair the health or
3safety of future occupants of the property; or that if not repaired, removed, or
4replaced would significantly shorten or adversely affect the expected normal life of
5the premises.
AB812,4,76 A3. In this form, “owner" means the person or persons, entity, or organization that
7owns the above-described real property.
AB812,4,108 An “owner" who transfers real estate containing one to four dwelling units, including
9a condominium unit and time-share property, by sale, exchange, or land contract is
10required to complete this report.
AB812,4,1611 Exceptions: An “owner” who is a personal representative, trustee, conservator, or
12fiduciary appointed by or subject to supervision by a court, and who has never
13occupied the property transferred is not required to complete this report. An “owner”
14who transfers property that has not been inhabited or who transfers property in a
15manner that is exempt from the real estate transfer fee is not required to complete
16this report. (Wis. Stat. s. 709.01)
AB812,4,2117 A4. The owner represents that to the best of the owner's knowledge, the responses
18to the following questions have been accurately checked as “yes,” “ no,” or “not
19applicable (N/A)” to the property being sold. If the owner responds to any question
20with “yes,” the owner shall provide, in the additional information area of this form,
21an explanation of the reason why the response to the question is “yes.”
AB812,4,2522 A5. If the transfer is of a condominium unit, the property to which this form applies
23is the condominium unit, the common elements of the condominium, and any limited
24common elements that may be used only by the owner of the condominium unit being
25transferred.
AB812,5,6
1A6. The owner discloses the following information with the knowledge that, even
2though this is not a warranty, prospective buyers may rely on this information in
3deciding whether and on what terms to purchase the property. The owner hereby
4authorizes the owner's agents and the agents of any prospective buyer to provide a
5copy of this report, and to disclose any information in the report, to any person in
6connection with any actual or anticipated sale of the property.
AB812,5,108 CAUTION: The lists of defects following each question below are examples only and
9are not the only defects that may properly be disclosed in response to each respective
10question.
AB812,6,5012 B. STRUCTURAL AND MECHANICAL - See PDF for table PDF
AB812,7,23
55 C. ENVIRONMENTAL - See PDF for table PDF
AB812,8,9
28 D. WELLS, SEPTIC SYSTEMS, STORAGE TANKS - See PDF for table PDF
AB812,8,83
14 E. TAXES, SPECIAL ASSESSMENTS, PERMITS, ETC. - See PDF for table PDF
AB812,9,127
88 F. LAND USE - See PDF for table PDF
AB812,10,105
50 G. ADDITIONAL INFORMATION - See PDF for table PDF
AB812,10,110
110 OWNER'S CERTIFICATION
AB812,11,3111 NOTE: Wisconsin Statute section 709.035 requires owners who, prior to acceptance
112of a purchase contract or an option to purchase, obtain information that would

1change a response on this report to submit a complete amended report or an
2amendment to the previously completed report to the prospective buyer within 10
3days of acceptance.
AB812,11,54 The owner certifies that the information in this report is true and correct to the best
5of the owner's knowledge as of the date on which the owner signs this report.
AB812,11,66 Owner ................................................ Date ..............
AB812,11,77 Owner ................................................ Date ..............
AB812,11,88 Owner ................................................ Date ..............
AB812,11,10
10 CERTIFICATION BY PERSON SUPPLYING INFORMATION
AB812,11,1411 A person other than the owner certifies that the person supplied information on
12which the owner relied for this report and that the information is true and correct
13to the best of the person's knowledge as of the date on which the person signs this
14report.
AB812,11,1515 Person ..................................... Items ....................................... Date .................
AB812,11,1616 Person ..................................... Items ....................................... Date .................
AB812,11,1717 Person ..................................... Items ....................................... Date .................
AB812,11,19
19 BUYER'S ACKNOWLEDGEMENT
AB812,11,2220 The prospective buyer acknowledges that technical knowledge such as that acquired
21by professional inspectors may be required to detect certain defects such as the
22presence of asbestos, building code violations, and floodplain status.
AB812,11,2323 I acknowledge receipt of a copy of this statement.
AB812,11,2424 Prospective buyer ........................................... Date .................
AB812,11,2525 Prospective buyer ........................................... Date .................
AB812,12,1
1Prospective buyer ........................................... Date .................
AB812,5 2Section 5. 709.033 of the statutes is repealed and recreated to read:
AB812,12,6 3709.033 Vacant land disclosure report form. The report required under
4s. 709.02 with respect to real property, as defined in s. 709.001 (5) (b), shall be in
5substantially the following form and shall include at least all of the following
6information:
AB812,12,77 VACANT LAND DISCLOSURE REPORT
AB812,12,99 DISCLAIMER
AB812,12,16 10This disclosure report concerns the real property located at .... in the .... (city)
11(village) (town) of ...., county of ...., state of Wisconsin. This report is a disclosure
12of the condition of that property in compliance with section 709.02 of the
13Wisconsin Statutes as of .... (month), .... (day), .... (year). It is not a warranty of any
14kind by the owner or any agents representing any party in this transaction and
15is not a substitute for any inspections or warranties that the parties may wish to
16obtain.
AB812,12,2017 A buyer who does not receive a fully completed copy of this report within 10 days after
18the acceptance of the contract of sale or option contract for the above-described real
19property has the right to rescind that contract (Wis. Stat. s. 709.02), provided the
20owner is required to provide this report under Wisconsin Statutes chapter 709.
AB812,12,2222 NOTICE TO PARTIES REGARDING ADVICE OR INSPECTIONS
AB812,13,323 Real estate licensees may not provide advice or opinions concerning whether or not
24an item is a defect for the purposes of this report or concerning the legal rights or
25obligations of parties to a transaction. The parties may wish to obtain professional

1advice or inspections of the property and to include appropriate provisions in a
2contract between them with respect to any advice, inspections, defects, or
3warranties.
AB812,13,55 A. OWNER'S INFORMATION
AB812,13,66 A1. In this form, “aware” means the “owner(s)” have notice or knowledge.
AB812,13,117 A2. In this form, “defect” means a condition that would have a significant adverse
8effect on the value of the property; that would significantly impair the health or
9safety of future occupants of the property; or that if not repaired, removed, or
10replaced would significantly shorten or adversely affect the expected normal life of
11the premises.
AB812,13,1312 A3. In this form, “owner" means the person or persons, entity, or organization that
13is the owner of the above-described real property.
AB812,13,1514 An “owner" who transfers real estate that does not include any buildings is required
15to complete this report.
AB812,13,2116 Exceptions: An “owner” who is a personal representative, trustee, conservator, or
17fiduciary appointed by or subject to supervision by a court, and who has never
18occupied the property transferred is not required to complete this report. An “owner”
19who transfers property that has not been inhabited or who transfers property in a
20manner that is exempt from the real estate transfer fee is not required to complete
21this report. (Wis. Stat. s. 709.01)
AB812,14,222 A4. The owner represents that to the best of the owner's knowledge, the responses
23to the following questions have been accurately checked as “yes,” “ no,” or “not
24applicable (N/A)” to the property being sold. If the owner responds to any question

1with “yes,” the owner shall provide, in the additional information area of this form,
2an explanation of the reason why the response to the question is “yes.”
AB812,14,63 A5. If the transfer is of a condominium unit, the property to which this form applies
4is the condominium unit, the common elements of the condominium, and any limited
5common elements that may be used only by the owner of the condominium unit being
6transferred.
AB812,14,127 A6. The owner discloses the following information with the knowledge that, even
8though this is not a warranty, prospective buyers may rely on this information in
9deciding whether and on what terms to purchase the property. The owner hereby
10authorizes the owner's agents and the agents of any prospective buyer to provide a
11copy of this report, and to disclose any information in the report, to any person in
12connection with any actual or anticipated sale of the property.
AB812,14,1614 CAUTION: The lists of defects following each question below are examples only and
15are not the only defects that may properly be disclosed in response to each respective
16question.
AB812,15,35
18 B. ENVIRONMENTAL - See PDF for table PDF
AB812,16,12
40 C. WELLS, SEPTIC SYSTEMS, STORAGE TANKS - See PDF for table PDF
AB812,16,82
17 D. TAXES, SPECIAL ASSESSMENTS, PERMITS, ETC. - See PDF for table PDF
AB812,18,74
87 E. LAND USE - See PDF for table PDF
AB812,19,81
79 F. ADDITIONAL INFORMATION - See PDF for table PDF
AB812,19,86
86 OWNER'S CERTIFICATION
AB812,19,9187 NOTE: Wisconsin Statute section 709.035 requires owners who, prior to acceptance
88of a purchase contract or an option to purchase, obtain information that would
89change a response on this report to submit a complete amended report or an
90amendment to the previously completed report to the prospective buyer within 10
91days of acceptance.
AB812,19,9392 The owner certifies that the information in this report is true and correct to the best
93of the owner's knowledge as of the date on which the owner signs this report.
AB812,19,9494 Owner ................................................ Date ..............
AB812,19,9595 Owner ................................................ Date ..............
AB812,20,1
1Owner ................................................ Date ..............
AB812,20,3
3 CERTIFICATION BY PERSON SUPPLYING INFORMATION
AB812,20,74 A person other than the owner certifies that the person supplied information on
5which the owner relied for this report and that the information is true and correct
6to the best of the person's knowledge as of the date on which the person signs this
7report.
AB812,20,88 Person ..................................... Items ....................................... Date .................
AB812,20,99 Person ..................................... Items ....................................... Date .................
AB812,20,1010 Person ..................................... Items ....................................... Date .................
AB812,20,12
12 BUYER'S ACKNOWLEDGEMENT
AB812,20,1513 The prospective buyer acknowledges that technical knowledge such as that acquired
14by professional inspectors may be required to detect certain defects such as the
15presence of asbestos, building code violations, and floodplain status.
AB812,20,1616 I acknowledge receipt of a copy of this statement.
AB812,20,1717 Prospective buyer ........................................... Date .................
AB812,20,1818 Prospective buyer ........................................... Date .................
AB812,20,1919 Prospective buyer ........................................... Date .................
AB812,6 20Section 6 . Nonstatutory provisions.
AB812,21,221 (1) Real estate condition and vacant land disclosure reports.
22Notwithstanding section 709.035 of the statutes, a property owner who furnished to
23a prospective buyer of the property an original or amended report before the effective
24date of this subsection need only submit an amended report with respect to the

1information required under section 709.03 (form) of the statutes, 2015 stats., or by
2section 709.033 (form) of the statutes, 2015 stats.
AB812,21,183 (2) Emergency rules. Using the procedure under section 227.24 of the statutes,
4the department of safety and professional services may promulgate rules governing
5the information about defects that a home inspector is required to provide to a client
6concerning the results of a home inspection under sections 440.974 (1) (c) and
7440.975 (3) (cm) of the statutes for the period before the effective date of permanent
8rules promulgated under section 440.974 (1) (c) of the statutes but not to exceed the
9period authorized under section 227.24 (1) (c) of the statutes, subject to extension
10under section 227.24 (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2)
11(b), and (3) of the statutes, the department is not required to provide evidence that
12promulgating a rule under this subsection as an emergency rule is necessary for the
13preservation of the public peace, health, safety, or welfare and is not required to
14provide a finding of emergency for a rule promulgated under this subsection.
15Notwithstanding section 227.24 (1) (e) 1d. and 1g. of the statutes, for emergency
16rules promulgated under this subsection, the department is not required to prepare
17and obtain approval of a statement of scope of the rules or to submit the proposed
18rules in final draft form to the governor for approval.
AB812,7 19Section 7 . Initial applicability.
AB812,21,2220 (1) Real estate condition and vacant land disclosure reports. The treatment
21of sections 709.03 and 709.033 of the statutes first applies to reports that are
22furnished on the effective date of this subsection.
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