AB391-ASA1,4,424
B. 2. The owner discloses the following information with the knowledge that,
25even though this is not a warranty, prospective buyers may rely on this information
1in deciding whether and on what terms to purchase the property. The owner hereby
2authorizes any agent representing any principal in this transaction to provide a copy
3of this statement, and to disclose any information in the statement, to any person in
4connection with any actual or anticipated sale of the property.
AB391-ASA1,4,95
B. 3. The owner represents that to the best of his or her knowledge the
6responses to the following statements have been accurately noted as "yes", "no" or
7"not applicable" to the property being sold. If the owner responds to any statement
8with "yes", the owner shall provide, in the additional information area of this form,
9an explanation of the reason why the response to the statement is "yes".
AB391-ASA1,4,1310
B. 4. If the transfer is of a condominium unit, the property to which this form
11applies is the condominium unit, the common elements of the condominium and any
12limited common elements that may be used only by the owner of the condominium
13unit being transferred.
-
See PDF for table AB391-ASA1,8,22
D. 2. The owner has lived on the property for .... years.
AB391-ASA1,8,33
D. 3. Explanation of "yes" responses. (See B. 3.)
AB391-ASA1,8,77
Owner's certification
AB391-ASA1,8,98
E. The owner certifies that the information in this report is true and correct to
9the best of the owner's knowledge as of the date on which the owner signs this report.
AB391-ASA1,8,1010
Owner .... Date ....
AB391-ASA1,8,1111
Owner .... Date ....
AB391-ASA1,8,1312
Certification by person
13
supplying information
AB391-ASA1,8,1714
F. A person other than the owner certifies that he or she has supplied
15information on which the owner relied for this report and that that information is
16true and correct to the best of that person's knowledge as of the date on which the
17person signs this report.
AB391-ASA1,8,1818
Person .... Items .... Date ....
AB391-ASA1,8,1919
Person .... Items .... Date ....
AB391-ASA1,8,2020
Person .... Items .... Date ....
AB391-ASA1,9,2
1Notice regarding advice
2
or inspections
AB391-ASA1,9,73
G. THE PROSPECTIVE BUYER AND THE OWNER MAY WISH TO OBTAIN
4PROFESSIONAL ADVICE OR INSPECTIONS OF THE PROPERTY AND TO
5PROVIDE FOR APPROPRIATE PROVISIONS IN A CONTRACT BETWEEN
6THEM WITH RESPECT TO ANY ADVICE, INSPECTIONS, DEFECTS OR
7WARRANTIES.
AB391-ASA1,9,88
Buyer's acknowledgement
AB391-ASA1,9,119
H. 1. The prospective buyer acknowledges that technical knowledge such as
10that acquired by professional inspectors may be required to detect certain defects
11such as the presence of asbestos, building code violations and floodplain status.
AB391-ASA1,9,1212
H. 2. I acknowledge receipt of a copy of this statement.
AB391-ASA1,9,1313
Prospective buyer .... Date ....
AB391-ASA1,9,1414
Prospective buyer .... Date ....
AB391-ASA1,9,1515
Prospective buyer .... Date ....
AB391-ASA1, s. 5
16Section
5
. 709.03 (form) C. 8. of the statutes, as affected by 1995 Wisconsin
17Acts 27, section 7067, and .... (this act), is repealed and recreated to read:
-
See PDF for table AB391-ASA1,10,9
2709.035 Amendments to report. If at any time after completing a report,
3whether the original or an amended report, but before the expiration of the 10-day
4period specified in s. 709.02 an owner obtains information or becomes aware of any
5condition that would change a response on the completed report, the owner shall
6submit to a prospective buyer, within the time required under s. 709.02, a complete
7amended report or an amendment to the previously completed report, along with a
8copy of the previously completed report if not already submitted to the prospective
9buyer, that states all of the following:
AB391-ASA1,10,10
10(1) The address of the property.
AB391-ASA1,10,11
11(2) The owner's name.
AB391-ASA1,10,12
12(3) The date of the report being amended.
AB391-ASA1,10,14
13(4) The number of any statement on the report that is affected by the new
14information.
AB391-ASA1,11,3
1(5) How the owner's original response to the statement is changed and, if the
2response is changed to "yes", an explanation of the reason why the response to the
3statement is "yes".
AB391-ASA1,11,7
5709.04 Indication of compliance. An owner shall indicate compliance with
6this chapter on the contract of sale
or option contract, on the closing statement or in
7an addendum to one of those documents.
AB391-ASA1, s. 8
8Section
8. 709.05 of the statutes is renumbered 709.05 (1) and amended to
9read:
AB391-ASA1,11,2310
709.05
(1) If Except as provided in sub. (2) (b), if a buyer receives a report after
11submission of a contract of sale
or option contract to the
seller owner or the
seller's 12owner's agent, the buyer may, after receipt of that report by the prospective buyer
13and before the applicable deadline, rescind in writing a contract of sale
or option
14contract if a defect, as defined in the report, is disclosed, without any liability on his
15or her part, and a buyer is entitled to the return of any deposits
or option fees paid
16in the transaction. A prospective buyer who receives a report that is incomplete or
17that contains an inaccurate assertion that an item is not applicable and who is not
18aware of the defects that the
seller owner failed to disclose may, within 2 business
19days after receipt of that report, rescind in writing a contract of sale
or option
20contract without any liability on his or her part and is entitled to the return of any
21deposits
or option fees paid in the transaction.
Rescissions under this section are
22timely if they are delivered to the owner or the owner's agent within 2 business days
23after the prospective buyer or the prospective buyer's agent receives the report. A
AB391-ASA1,12,2
24(2) (a) 1. Except as provided in subd. 2., a buyer may not rescind a contract of
25sale
or option contract under this section if he or she receives a complete report before
1submitting the contract of sale
or option contract to the
seller owner or the
seller's 2owner's agent.
AB391-ASA1,12,4
3(4) The right to rescind under this section is the only remedy under this
4chapter.
AB391-ASA1, s. 9
5Section
9. 709.05 (2) (a) 2. of the statutes is created to read:
AB391-ASA1,12,126
709.05
(2) (a) 2. Unless par. (b) applies, a buyer under subd. 1. who, after
7submitting the contract of sale or option contract to the owner or the owner's agent,
8receives an amended report, or an amendment to the report previously received, that
9discloses a defect that was not disclosed in the report previously received may, after
10receipt of the amended report or amendment to the report and before the applicable
11deadline, rescind in writing the contract of sale or option contract and is entitled to
12the return of any deposits or option fees paid in the transaction.
AB391-ASA1,12,1814
709.05
(2) (b) A buyer may not rescind a contract of sale or option contract
15under this section on the basis of a defect disclosed in a report, amended report or
16amendment to a report if the buyer was aware, or had written notice, of the nature
17and extent of the defect at the time the contract of sale or option contract was
18submitted to the owner or the owner's agent.
AB391-ASA1,12,2320
709.05
(3) Rescissions under this section are timely if they are delivered to the
21owner or the owner's agent within 2 business days after the prospective buyer or the
22prospective buyer's agent receives the report, amended report or amendment to the
23report.
AB391-ASA1,13,2
1(1) This act first applies to a report that is furnished after a contract of sale or
2option contract acceptance that occurs on the effective date of this subsection.
AB391-ASA1, s. 13
3Section
13.
Effective dates. This act takes effect on the first day of the 7th
4month beginning after publication, except as follows:
AB391-ASA1,13,7
5(1)
The treatment of section 709.03 (form) C. 8. (by
Section 5) of the statutes
6takes effect on July 1, 1996, or on the first day of the 7th month beginning after
7publication, whichever is later.