452.23(2)(a)
(a) That the property was the site of a specific act or occurrence, if the act or occurrence had no effect on the physical condition of the property or any structures located on the property.
452.23(2)(b)
(b) Except as provided in
sub. (3), information relating to the physical condition of the property or any other information relating to the real estate transaction, if a written report that discloses the information has been prepared by a qualified 3rd party and provided to the person. In this paragraph, "qualified 3rd party" means a federal, state or local governmental agency, or any person whom the broker, salesperson or a party to the real estate transaction reasonably believes has the expertise necessary to meet the industry standards of practice for the type of inspection or investigation that has been conducted by the 3rd party in order to prepare the written report.
452.23(2)(c)
(c) The location of any adult family home, as defined in
s. 50.01 (1), community-based residential facility, as defined in
s. 50.01 (1g), or nursing home, as defined in
s. 50.01 (3), in relation to the location of the property.
452.23(2)(d)
(d) Except as provided in
s. 452.24, any information related to the fact that a particular person is required to register as a sex offender under
s. 301.45 or any information about the sex offender registry under
s. 301.45.
452.23(3)
(3) A broker or salesperson shall disclose to the parties to a real estate transaction any facts known by the broker or salesperson that contradict any information included in a written report described under
sub. (2) (b).
452.23(4)
(4) In performing an investigation or inspection and in making a disclosure in connection with a real estate transaction, a broker or salesperson shall exercise the degree of care expected to be exercised by a reasonably prudent person who has the knowledge, skills and training required for licensure as a broker or salesperson under this chapter.
452.23 Annotation
An independent inspection by a qualified third party operates to relieve a broker from liability for disclosures related to the physical condition of the property. Conell v. Coldwell Banker,
181 Wis. 2d 894,
512 N.W.2d 239 (Ct. App. 1994).
452.23 Annotation
Sub. (2) (b) relieves a broker from the obligation to disclose information disclosed in a 3rd party report. Sub. (2) (b) does not apply to a separate affirmative act of negligence and does not preclude a broker's liability for a breach of other duties. Johnson v. Neuville,
226 Wis. 2d 365,
595 N.W.2d 100 (Ct. App. 1999),
98-1680.
452.24
452.24
Disclosure duty; immunity for providing notice about the sex offender registry. 452.24(1)
(1) If, in connection with the sale, exchange, purchase or rental of real property, a licensee receives a request from a person to whom the licensee is providing brokerage services in connection with the sale, exchange, purchase or rental for information related to whether a particular person is required to register as a sex offender under
s. 301.45 or any other information about the sex offender registry under
s. 301.45, the licensee has a duty to disclose such information, if the licensee has actual knowledge of the information.
452.24(2)
(2) Notwithstanding
sub. (1), the broker or salesperson is immune from liability for any act or omission related to the disclosure of information under
sub. (1) if the broker or salesperson in a timely manner provides to the person requesting the information written notice that the person may obtain information about the sex offender registry and persons registered with the registry by contacting the department of corrections. The notice shall include the appropriate telephone number and Internet site of the department of corrections.
452.24 History
History: 1999 a. 89.
452.25
452.25
Criminal convictions and disclosures. 452.25(1)(a)(a) Notwithstanding
ss. 111.321,
111.322, and
111.335, and except as provided in
pars. (b) to
(e), no applicant who is an individual may be issued a broker's or salesperson's license or a time-share salesperson's certificate of registration if the applicant has been convicted of a felony.
452.25(1)(b)
(b) If an applicant has been convicted of a felony described under
par. (a); the applicant has completed the confinement portion of his or her sentence, if the applicant is serving a bifurcated sentence, or has been released from prison to parole or released upon the completion of his or her sentence; and 3 years have elapsed since the date on which the confinement portion was completed or the applicant was released, the applicant may apply to the board for a determination as to whether the applicant is suitable to be granted a license or certificate.
452.25(1)(c)
(c) If an applicant applies for a determination under
par. (b), the board may require the applicant to provide any information that is necessary for the investigation and shall make a determination by doing all of the following:
452.25(1)(c)2.
2. Reviewing any supplemental information provided by the applicant bearing upon his or her suitability for licensure as a broker or salesperson or for registration as a time-share salesperson.
452.25(1)(c)3.c.
c. The number or pattern of felonies or other similar incidents that gave rise to the felony conviction.
452.25(1)(c)3.d.
d. The circumstances surrounding the felony that may have a bearing on whether the applicant might repeat the behavior that was the subject of the felony.
452.25(1)(c)3.f.
f. The applicant's activities since the felony, including employment, education, participation in treatment, payment of restitution, and any other factor that may be evidence of rehabilitation.
452.25(1)(d)
(d) With respect to a determination under
par. (c), the applicant bears the burden of demonstrating his or her suitability for licensure or registration.
452.25(1)(e)
(e) If the board makes a determination under
par. (c) to allow an applicant to be granted a broker's or salesperson's license or a time-share salesperson's certificate of registration, the applicant shall be granted the license or certificate if the applicant satisfies all other requirements for granting the license or certificate of registration.
452.25(2)(b)
(b) No applicant may be issued an initial broker's or salesperson's license or time-share salesperson's certificate of registration, and no applicant may renew such a license or certificate, if the applicant has violated
par. (a) and failed to pay any forfeiture assessed by the board under
s. 452.14 (4r) for that violation.
452.25 History
History: 2013 a. 288.
