Selling Real Estate from a Trust or Estate in Wisconsin: Why No Real Estate Condition Report Is Required

Posted on Nov 7, 2025 by

When a loved one passes away, families selling their real estate can encounter unexpected legal differences compared to a typical home sale in Wisconsin. Normally, residential homeowners are required by law (Wisconsin Statute § 709.02) to provide buyers with a “Real Estate Condition Report,” a detailed disclosure about the condition of the property.

But what happens when the seller is not an individual homeowner, but rather a trust, estate, personal representative or trustee?

These parties are specifically exempted from the requirement to deliver a Real Estate Condition Report. (Wisconsin Statute § 709.01(2)) The exemption applies when the seller has never lived in the property and lacks personal knowledge about its condition.

The rationale is straightforward: these fiduciaries usually have little to no firsthand knowledge of the home. Requiring them to make disclosures about unknown conditions would be unfair and could expose them to liability.

Instead of providing disclosures, these sales should be conducted on an “as is” basis, meaning the seller isn’t guaranteeing the condition of the property, though buyers can still negotiate repairs or credits after their inspection.

If you are managing the affairs of a loved one’s trust or estate and need to sell real estate, it’s important to understand that the usual homeowner’s rules don’t apply. An experienced real estate attorney can help to:

  • Confirm statutory disclosure exemptions
  • Draft the proper “as is” contract language
  • Advise you on handling known issues responsibly
  • Help protect you from unnecessary liability

Navigating the legal requirements after a loved one passes away can feel overwhelming, but you don’t have to do it alone. Our team regularly assists personal representatives and trustees through real estate sales that are part of probate estates and trust administration.

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Jon L. Fischer

Estate Planning and Elder Law Attorney at McCarty Law LLP
Jon focuses his practice on estate planning, probate matters, and Medicaid planning as he aims to help clients in their time of need.