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Mandated DisclosuresReal_estate_condition_report_requirementsMEDIUM

Carlos and his sister Elena jointly own a four-unit residential building in Milwaukee. Carlos wants to sell his ownership interest to Elena so she becomes the sole owner. Their real estate agent advises them that a Real Estate Condition Report must be completed before the transfer. Is the agent's advice correct under Wisconsin law?

Correct Answer

D) No, because transfers between co-owners are specifically exempt from the RECR requirement under Chapter 709

Wisconsin Statutes § 709.01(2) explicitly exempts transfers between co-owners from the RECR requirement. Because Carlos and Elena are already co-owners of the property, Carlos's transfer of his interest to Elena falls within this statutory exemption. The agent's advice is therefore incorrect under Wisconsin law.

Answer Options
A
No, because four-unit buildings are classified as commercial property and are never subject to the RECR
B
Yes, because transfers between co-owners still involve a change in title and trigger disclosure requirements
C
Yes, because the property has four units and all 1–4 unit residential transfers require an RECR
D
No, because transfers between co-owners are specifically exempt from the RECR requirement under Chapter 709

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Related Topics & Key Terms

Key Terms:

recrexemptionsco_owner_transferchapter_709title_transfer

Related Concepts

A seller's disclosure statement is a form that sellers complete to inform buyers about the condition and history of the property, including known defects, past repairs, insurance claims, and environmental issues.

Many states and localities have fair housing laws that expand upon the protections offered by the federal Fair Housing Act.

A stigmatized property is one that has an undesirable reputation due to events that occurred on the property or nearby, such as a murder, suicide, alleged haunting, or proximity to a registered sex offender. The stigma is psychological, not physical.

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