Wisconsin FSBO Disclosure Requirements (2026)
Wisconsin's Real Estate Condition Report (RECR) is required under Wisconsin Statute §709. The state's three MLSs (SCWMLS for Madison, Metro MLS for Milwaukee, RANW for Green Bay/Fox Valley), pervasive basement water intrusion from clay soils and heavy snowmelt, elevated radon in southwestern Wisconsin granite areas, lead paint in Milwaukee's historic neighborhoods, and the 72-hour buyer rescission period are the defining Wisconsin FSBO disclosure characteristics.
Wisconsin RECR Framework
Wisconsin Statute §709.02 requires the Real Estate Condition Report. Sellers deliver to buyers before or at the binding offer. Buyers have 3 business days after receiving the RECR to rescind the contract. The RECR uses "Yes/No" format — any "Yes" answer requires a written explanation.
Radon in Wisconsin
Southwestern Wisconsin (Dane, Iowa, Grant, Crawford, Richland, and surrounding counties) has elevated radon from the underlying Precambrian granite and other bedrock formations. Milwaukee and the Milwaukee County area have moderate radon risk.
The RECR specifically asks about radon. Disclose any testing results. If you have a mitigation system, disclose installation date and post-mitigation test results. Dane County (Madison) is particularly elevated in radon risk.
Basement Water Intrusion
Wisconsin homes almost universally have basements. Clay and glacial till soils throughout the state create significant groundwater pressure. Spring snowmelt (Wisconsin receives substantial snowfall) and summer rainfall create peak basement water intrusion seasons.
RECR disclosure: any basement water intrusion, seepage, or flooding; sump pump installation and operation history; any waterproofing measures taken. Milwaukee County properties in particular, near the Milwaukee River and Menomonee River, and Madison properties near lakes and drainage channels, have elevated risk.
Lead Paint in Milwaukee and Wisconsin Urban Centers
Milwaukee's historic housing neighborhoods — Bay View, Brady Street, Riverwest, Washington Heights, Merrill Park — have dense pre-1940 housing. Lead paint is pervasive in Milwaukee City.
Federal Lead-Based Paint Disclosure required for all pre-1978 homes. FHA loan complications are more frequent in Milwaukee City due to lead paint conditions.
Wisconsin MLS Landscape — Pick the Right One
Wisconsin has three regional MLSs, and flat fee services differ in which they access:
Confirm your flat fee service lists on the correct MLS for your property's county.
Wisconsin Transfer Tax (Real Estate Transfer Return)
$3.00 per $1,000 of consideration. On a $290,000 Wisconsin sale: $870. Seller typically pays.
Three-Day Buyer Rescission Period
After receiving the RECR, buyers have 3 business days to rescind. Structure your transaction timeline to account for this — your purchase agreement becomes fully binding only after the 3-day RECR rescission period passes.