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WI · Flood-disclosure law

Does a Wisconsin seller have to disclose flooding?

Wisconsin requires owners transferring residential real estate (1-4 dwelling units) to furnish a Real Estate Condition Report under Wis. Stat. ch. 709 (form prescribed in § 709.03). The form includes a flood-related disclosure: the owner is aware that the property is located in a floodplain, wetland, or shoreland zoning area, plus basement/foundation water and drainage items. The report discloses condition as of a date and is not a warranty.

Wisconsin at a glance

General disclosure

A general property-condition disclosure captures flooding through a water/drainage or known-defect item, but has no dedicated flood-zone question.

DisclosureRequired
Opt-outNone
Corroborated (secondary)· verified June 16, 2026
Wis. Stat. §§ 709.02, 709.03, 709.05

The 4-card answer

Wisconsin flood-disclosure, decoded

Whether the seller must disclose, what triggers it, the penalties, and any opt-out gotcha — each card cites its source.

Does the seller have to disclose flooding?

Disclosure required

General disclosure

Wisconsin requires owners transferring residential real estate (1-4 dwelling units) to furnish a Real Estate Condition Report under Wis. Stat. ch. 709 (form prescribed in § 709.03). The form includes a flood-related disclosure: the owner is aware that the property is located in a floodplain, wetland, or shoreland zoning area, plus basement/foundation water and drainage items. The report discloses condition as of a date and is not a warranty.

A general property-condition disclosure captures flooding through a water/drainage or known-defect item, but has no dedicated flood-zone question.

Wis. Stat. §§ 709.02, 709.03, 709.05Corroborated (secondary)· verified June 16, 2026

What triggers the duty

  • Transfer of residential real property containing 1-4 dwelling units
  • Owner's awareness of the condition

Penalties & remedies

An owner who fails to provide the report or who provides false information may face liability for damages; the report is the owner's representation, not a warranty.

Buyer remedy: If the report is not furnished or is furnished late, the buyer may rescind the contract within two business days after receipt (Wis. Stat. § 709.05), by written notice.

Opt-out gotchas

No statutory opt-out or waiver-for-credit mechanism identified. Certain transfers are exempt (e.g., personal representatives, trustees, fiduciaries who never occupied the property); the report items can be answered 'not aware.'

Research note ▾

The codified form (§ 709.03) is the primary source; the WI Legislature statute pages and the official DSPS WB-27 form PDF repeatedly timed out or were unreadable (compressed PDF) and could not be directly parsed in-session. The 'located in a floodplain, wetland or shoreland zoning area' item and the § 709.05 two-business-day rescission right are corroborated by multiple sources quoting the statutory form. Marked 'secondary' because the primary text was not directly fetched/parsed. disclosure_level 'limited' — a floodplain/shoreland awareness item rather than a detailed flood-history schedule.

Buyer's rights

If you're buying in Wisconsin

Your rights re-framed from the buyer's side, plus a pre-closing checklist that holds in every state.

What Wisconsin law gives you as a buyer

Wisconsin requires a seller disclosure (see the answer cards), so you have a statutory document to rely on — and a remedy if the seller knowingly withheld a material flood fact. If the report is not furnished or is furnished late, the buyer may rescind the contract within two business days after receipt (Wis. Stat. § 709.05), by written notice.

Wis. Stat. §§ 709.02, 709.03, 709.05

Your pre-closing checklist (works in every state)

  • Pull a free FEMA flood-zone lookup

    Enter the address on FEMA's Flood Map Service Center to see the property's flood-zone designation (Special Flood Hazard Area = Zone A/V). This is public and free, regardless of what the seller discloses.

    msc.fema.gov ↗

  • Request a CLUE / loss-history report

    A C.L.U.E. (Comprehensive Loss Underwriting Exchange) report shows insurance claims filed on the property in the last ~7 years, including water and flood claims. The current owner can pull theirs free once a year from LexisNexis.

    LexisNexis consumer disclosure ↗

  • Get an independent inspection — ask about water

    Hire your own inspector and specifically flag drainage, grading, sump pumps, and signs of past water intrusion (staining, efflorescence, fresh paint in basements). An inspection contingency protects you if problems surface.

  • Get a flood-insurance quote before you waive contingencies

    Quote NFIP or private flood coverage early. Homeowners' insurance does NOT cover flood damage. A federally backed mortgage on a property in a Special Flood Hazard Area generally requires flood insurance — budget for it.

    floodsmart.gov ↗

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Step 2 — Your answer

Wisconsin

Does the seller have to disclose flooding?

Disclosure required

General disclosure

Wisconsin requires owners transferring residential real estate (1-4 dwelling units) to furnish a Real Estate Condition Report under Wis. Stat. ch. 709 (form prescribed in § 709.03). The form includes a flood-related disclosure: the owner is aware that the property is located in a floodplain, wetland, or shoreland zoning area, plus basement/foundation water and drainage items. The report discloses condition as of a date and is not a warranty.

A general property-condition disclosure captures flooding through a water/drainage or known-defect item, but has no dedicated flood-zone question.

Wis. Stat. §§ 709.02, 709.03, 709.05Corroborated (secondary)· verified June 16, 2026

What triggers the duty

  • Transfer of residential real property containing 1-4 dwelling units
  • Owner's awareness of the condition

Penalties & remedies

An owner who fails to provide the report or who provides false information may face liability for damages; the report is the owner's representation, not a warranty.

Buyer remedy: If the report is not furnished or is furnished late, the buyer may rescind the contract within two business days after receipt (Wis. Stat. § 709.05), by written notice.

Opt-out gotchas

No statutory opt-out or waiver-for-credit mechanism identified. Certain transfers are exempt (e.g., personal representatives, trustees, fiduciaries who never occupied the property); the report items can be answered 'not aware.'

Research note ▾

The codified form (§ 709.03) is the primary source; the WI Legislature statute pages and the official DSPS WB-27 form PDF repeatedly timed out or were unreadable (compressed PDF) and could not be directly parsed in-session. The 'located in a floodplain, wetland or shoreland zoning area' item and the § 709.05 two-business-day rescission right are corroborated by multiple sources quoting the statutory form. Marked 'secondary' because the primary text was not directly fetched/parsed. disclosure_level 'limited' — a floodplain/shoreland awareness item rather than a detailed flood-history schedule.

Summary of Wisconsin law as of June 2026. Not legal advice.

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