Amendment ASA1-AB391

LRBs0262/2

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1995 - 1996 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, To 1995 ASSEMBLY BILL 391

October 11, 1995 - Offered by Representatives Vrakas, Wood, Hanson and Foti.

AB391-ASA1,1,4 An Act to renumber and amend 709.01 and 709.05; to amend 709.02 and 709.04; to repeal and recreate 709.03 and 709.03 (form) C. 8.; and to create 709.01 (2), 709.035, 709.05 (2) (a) 2., 709.05 (2) (b) and 709.05 (3) of the statutes; relating to: disclosure of conditions of residential real estate.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB391-ASA1, s. 1 Section 1. 709.01 of the statutes is renumbered 709.01 (1) and amended to read:

AB391-ASA1,2,2 709.01 (1) All Except as provided in sub. (2), all persons; except personal representatives, trustees and conservators and except fiduciaries who are appointed by, or subject to supervision by, a court if those persons have never occupied the property transferred; who transfer real property located in this state, including a condominium unit, as defined in s. 703.02 (15), and time-share property, as defined in s. 707.02 (32), but excluding property that has not been inhabited, that includes 1 to 4 dwelling units, as defined in s. 101.61 (1), by sale, exchange or land contract, unless the transfer is exempt from the real estate transfer fee under s. 77.25, shall comply with ss. 709.02 to 709.04 and 709.06.

AB391-ASA1, s. 2 Section 2. 709.01 (2) of the statutes is created to read:

AB391-ASA1,2,5 709.01 (2) Subsection (1) does not apply to any of the following persons, if those persons have never occupied the property transferred:

AB391-ASA1,2,6 (a) Personal representatives.

AB391-ASA1,2,7 (b) Trustees.

AB391-ASA1,2,8 (c) Conservators.

AB391-ASA1,2,9 (d) Fiduciaries who are appointed by, or subject to the supervision of, a court.

AB391-ASA1, s. 3 Section 3. 709.02 of the statutes is amended to read:

AB391-ASA1,3,2 709.02 Disclosure. In regard to transfers described in s. 709.01, the owner of the property shall furnish, not later than 10 days after acceptance of the a contract of sale or option contract, to the prospective buyer of the property a completed copy of the report under s. 709.03, subject to s. 709.035, except that the owner may substitute for any entry information supplied by a licensed engineer, land surveyor or structural pest control operator or by an individual who is a qualified 3rd party, as defined in s. 452.23 (2) (b), 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, as defined in s. 66.073 (3) (h). Information that substitutes for an entry on the report under s. 709.03 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 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 recision to the seller owner or to the seller's owner's agent.

AB391-ASA1, s. 4 Section 4. 709.03 of the statutes is repealed and recreated to read:

AB391-ASA1,3,6 709.03 Report form. The report required under s. 709.02 shall be in substantially the following form and shall include at least all of the following information:

AB391-ASA1,3,7 REAL ESTATE CONDITION REPORT

AB391-ASA1,3,8 Disclaimer

AB391-ASA1,3,17 A. 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 PRINCIPAL IN THIS TRANSACTION AND IS NOT A SUBSTITUTE FOR ANY INSPECTIONS OR WARRANTIES THAT THE PRINCIPALS MAY WISH TO OBTAIN.

AB391-ASA1,3,18 OWNER'S INFORMATION

AB391-ASA1,3,23 B. 1. In this form, "am aware" means have notice or knowledge. 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.

AB391-ASA1,4,4 B. 2. 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 any agent representing any principal in this transaction to provide a copy of this statement, and to disclose any information in the statement, to any person in connection with any actual or anticipated sale of the property.

AB391-ASA1,4,9 B. 3. The owner represents that to the best of his or her knowledge the responses to the following statements have been accurately noted as "yes", "no" or "not applicable" to the property being sold. If the owner responds to any statement with "yes", the owner shall provide, in the additional information area of this form, an explanation of the reason why the response to the statement is "yes".

AB391-ASA1,4,13 B. 4. 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. - See PDF for table

AB391-ASA1,8,1 Additional information - See PDF for table

AB391-ASA1,8,2 D.  2. The owner has lived on the property for .... years.

AB391-ASA1,8,3 D.  3. Explanation of "yes" responses. (See B. 3.)

AB391-ASA1,8,7 Owner's certification

AB391-ASA1,8,9 E. 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.

AB391-ASA1,8,10 Owner .... Date ....

AB391-ASA1,8,11 Owner .... Date ....

AB391-ASA1,8,13 Certification by person supplying information

AB391-ASA1,8,17 F. A person other than the owner certifies that he or she has supplied information on which the owner relied for this report and that that information is true and correct to the best of that person's knowledge as of the date on which the person signs this report.

AB391-ASA1,8,18 Person .... Items .... Date ....

AB391-ASA1,8,19 Person .... Items .... Date ....

AB391-ASA1,8,20 Person .... Items .... Date ....

AB391-ASA1,9,2 Notice regarding advice or inspections

AB391-ASA1,9,7 G. THE PROSPECTIVE BUYER AND THE OWNER MAY WISH TO OBTAIN PROFESSIONAL ADVICE OR INSPECTIONS OF THE PROPERTY AND TO PROVIDE FOR APPROPRIATE PROVISIONS IN A CONTRACT BETWEEN THEM WITH RESPECT TO ANY ADVICE, INSPECTIONS, DEFECTS OR WARRANTIES.

AB391-ASA1,9,8 Buyer's acknowledgement

AB391-ASA1,9,11 H. 1. 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.

AB391-ASA1,9,12 H. 2. I acknowledge receipt of a copy of this statement.

AB391-ASA1,9,13 Prospective buyer .... Date ....

AB391-ASA1,9,14 Prospective buyer .... Date ....

AB391-ASA1,9,15 Prospective buyer .... Date ....

AB391-ASA1, s. 5 Section 5 . 709.03 (form) C. 8. of the statutes, as affected by 1995 Wisconsin Acts 27, section 7067, and .... (this act), is repealed and recreated to read: - See PDF for table

AB391-ASA1, s. 6 Section 6. 709.035 of the statutes is created to read:

AB391-ASA1,10,9 709.035 Amendments to report. If at any time after completing a report, whether the original or an amended report, but before the expiration of the 10-day period specified in s. 709.02 an owner obtains information or becomes aware of any condition that would change a response on the completed report, the owner shall submit to a prospective buyer, within the time required under s. 709.02, a complete amended report or an amendment to the previously completed report, along with a copy of the previously completed report if not already submitted to the prospective buyer, that states all of the following:

AB391-ASA1,10,10 (1) The address of the property.

AB391-ASA1,10,11 (2) The owner's name.

AB391-ASA1,10,12 (3) The date of the report being amended.

AB391-ASA1,10,14 (4) The number of any statement on the report that is affected by the new information.

AB391-ASA1,11,3 (5) How the owner's original response to the statement is changed and, if the response is changed to "yes", an explanation of the reason why the response to the statement is "yes".

AB391-ASA1, s. 7 Section 7. 709.04 of the statutes is amended to read:

AB391-ASA1,11,7 709.04 Indication of compliance. An owner shall indicate compliance with this chapter on the contract of sale or option contract, on the closing statement or in an addendum to one of those documents.

AB391-ASA1, s. 8 Section 8. 709.05 of the statutes is renumbered 709.05 (1) and amended to read:

AB391-ASA1,11,23 709.05 (1) If Except as provided in sub. (2) (b), if a buyer receives a report after submission of a contract of sale or option contract to the seller owner or the seller's owner's agent, the buyer may, after receipt of that report by the prospective buyer and before the applicable deadline, rescind in writing a contract of sale or option contract if a defect, as defined in the report, is disclosed, without any liability on his or her part, and a buyer is entitled to the return of any deposits or option fees paid in the transaction. A prospective buyer who receives a report that is incomplete or that contains an inaccurate assertion that an item is not applicable and who is not aware of the defects that the seller owner failed to disclose may, within 2 business days after receipt of that report, rescind in writing a contract of sale or option contract without any liability on his or her part and is entitled to the return of any deposits or option fees paid in the transaction. Rescissions under this section are timely if they are delivered to the owner or the owner's agent within 2 business days after the prospective buyer or the prospective buyer's agent receives the report. A

AB391-ASA1,12,2 (2) (a) 1. Except as provided in subd. 2., a buyer may not rescind a contract of sale or option contract under this section if he or she receives a complete report before submitting the contract of sale or option contract to the seller owner or the seller's owner's agent.

AB391-ASA1,12,4 (4) The right to rescind under this section is the only remedy under this chapter.

AB391-ASA1, s. 9 Section 9. 709.05 (2) (a) 2. of the statutes is created to read:

AB391-ASA1,12,12 709.05 (2) (a) 2. Unless par. (b) applies, a buyer under subd. 1. who, after submitting the contract of sale or option contract to the owner or the owner's agent, receives an amended report, or an amendment to the report previously received, that discloses a defect that was not disclosed in the report previously received may, after receipt of the amended report or amendment to the report and before the applicable deadline, rescind in writing the contract of sale or option contract and is entitled to the return of any deposits or option fees paid in the transaction.

AB391-ASA1, s. 10 Section 10. 709.05 (2) (b) of the statutes is created to read:

AB391-ASA1,12,18 709.05 (2) (b) A buyer may not rescind a contract of sale or option contract under this section on the basis of a defect disclosed in a report, amended report or amendment to a report if the buyer was aware, or had written notice, of the nature and extent of the defect at the time the contract of sale or option contract was submitted to the owner or the owner's agent.

AB391-ASA1, s. 11 Section 11. 709.05 (3) of the statutes is created to read:

AB391-ASA1,12,23 709.05 (3) Rescissions under this section are timely if they are delivered to the owner or the owner's agent within 2 business days after the prospective buyer or the prospective buyer's agent receives the report, amended report or amendment to the report.

AB391-ASA1, s. 12 Section 12. Initial applicability.

AB391-ASA1,13,2 (1)  This act first applies to a report that is furnished after a contract of sale or option contract acceptance that occurs on the effective date of this subsection.

AB391-ASA1, s. 13 Section 13. Effective dates. This act takes effect on the first day of the 7th month beginning after publication, except as follows: