1. The Real Estate Condition Report (RECR): Your Legal Disclosure Responsibility
Under Wisconsin law, most sellers must complete and provide a Real Estate Condition Report (RECR)—also known as the seller’s disclosure form—which must be delivered to the buyer no fewer than 10 days after accepting an offer, though providing it earlier is encouraged.
The RECR includes a direct question: Is the property in a flood zone or floodway? and does it have any history of flooding, especially in the basement? Sellers must answer these honestly to the best of their knowledge.
2. Disclosing Known Flood Damage: Full Transparency Required
Wisconsin law mandates that sellers disclose any known flooding or flood damage, regardless of when it occurred. This includes historic events, no matter how long ago. If you knew about a flood—even before you owned the property—you must disclose it.
This responsibility extends to detailing the extent of damage, repair work performed, and any methods used to prevent future issues. Being precise and transparent helps avoid legal challenges and fosters trust.
3. Amending RECRs When New Issues Arise
Should flooding occur after an offer has been accepted but before closing, the transaction is governed by the Property Damage Between Acceptance and Closing clause. Sellers aren’t legally required to amend their RECR mid-transaction, but may choose to do so—understanding that doing so can give buyers rescission rights.
However, if you become aware of issues before acceptance that change responses on your RECR, the law requires you to amend the report.
4. When to Disclose: Timing Matters
While Wisconsin law sets a 10-day post-acceptance minimum for providing the RECR, many sellers opt to share it earlier—even before offers are submitted—to prevent surprises and ensure transparency.
5. Seller and Agent Liability: Know Your Role
False or omitted disclosures can lead to legal consequences—including contract rescission, civil liability, and potential lawsuits for damages.
Real estate agents, as fiduciaries, must disclose any material adverse facts they know, even if the seller has not included them in the RECR.
6. Flooded Wells: Safety Comes First
A property with a private well that’s been flooded must be handled with care: buyers are strongly advised to have the water tested and treated. Sellers should encourage testing and may need to negotiate well-water inspection and remediation as part of the sale.
7. Federal vs. State Disclosure: Focus on Flood Risk
There is no federal requirement to disclose flood risk or past flood damage; such obligations are managed at the state level, and Wisconsin is among the 35 states that mandate flood-related disclosures.
8. Best Practices for Sellers After Extreme Flooding Events
In the wake of unprecedented flooding—like the “1,000-year” event in Southeast Wisconsin—sellers should:
- Complete (or update) the RECR with all relevant flood history.
- Disclose details: when flooding occurred, how serious it was, what was repaired, and whether flood mitigation efforts were made.
- Consult legal counsel or your real estate agent for complex situations (e.g., “as-is” listings, substantial damage, or mid-sale discoveries).
Likewise, buyers should:
- Review the RECR carefully and ask for clarification.
- Seek third-party verification via inspections, flood maps (e.g., FEMA), or insurance claim histories (CLUE report).
- Include contingencies for well testing, flood insurance, or additional inspections when flooding is a concern.
Final Thoughts
With climate volatility ramping up—and “1,000-year” flooding no longer theoretical—Wisconsin’s real estate disclosure requirements are more important than ever. The Real Estate Condition Report (RECR) serves as a critical tool for truth and transparency in the marketplace, especially concerning flood risk.
Both sellers and buyers must approach disclosures with diligence. Sellers should not minimize or omit flood details—even if repairs are complete. Buyers should scrutinize disclosures, investigate the property’s flood history, and account for future risks and costs.
Please note: Any opinions discussed in this article belong solely to the author, Marissa Berends, and do not necessarily reflect the views of Capitol Lien.
About the Author
Marissa Berends is a Certified Abstractor and Industry Relations Coordinator at Capitol Lien, a nationwide due diligence and risk mitigation services provider. Since joining the company in September 2021, she has earned abstractor certifications in Minnesota, Nebraska, and North Dakota. She is pursuing her Wisconsin Title Examiner certification, which is expected to be completed in Fall 2025.
Marissa is involved with the following groups: Wisconsin Land Title Association’s (WLTA) Convention Committee & Young Title Professionals; Nebraska Land Title Association’s (NLTA) Convention Committee; Property Record Industry Association (PRIA) National Education Committee; Illinois Land Title Association’s (ILTA) Inclusion, Diversity, Equity & Acceptance (IDEA) Committee; and the National Association of Land Title Examiners and Abstractors (NALTEA).
About Capitol Lien
Capitol Lien empowers real estate and title professionals with trusted public record research and due diligence services nationwide. With 35 years of experience, Capitol Lien specializes in fast, accurate property and title searches, lien reports, and document retrieval that help title agents, underwriters, and legal teams operate their businesses with confidence. The Capitol Lien team takes the hassle out of title research with local experts and innovative tools that make it easier to mitigate risk, stay on schedule, and keep your closings moving smoothly.
Learn more at capitollien.com. Ready to simplify your title research? Send your next order to Capitol Lien and experience the difference trusted diligence makes. Stay in touch with Capitol Lien on LinkedIn for industry updates and information. Reach out! contact@capitollien.com or 800-845-4077.
Sources:
Nolo: Selling a Wisconsin Home: What Are My Disclosure Obligations?
Clevel Real Estate: Disclosure Requirements for Selling Wisconsin Real Estate (2025)
Wynn at Law LLC: Flood damage and selling a property
WRA: Wisconsin Real Estate Magazine: When Flooding Fouls a Deal
FEMA: Flood Risk Disclosure
Liv Wisconsin Realty: What You Should Know If You’re Buying A Home in A Flood-Prone Area