reglab/statecodes huggingface dataset:
2023 Wisconsin Statutes & Annotations › Chapter 707 - Time-share ownership. › 707.50 - Conversion building; tenants' rights.

707.50
Conversion building; tenants' rights.
(1)
Notice of conversion. A developer of a time-share property which includes all or part of a conversion building, and any person in the business of selling real estate for the person's own account who intends to offer time shares in a time-share property which includes all or part of a conversion building, shall give each residential tenant and residential subtenant in possession of the proposed time-share units 120 days' prior written notice of the conversion. The notice shall set forth generally the rights of tenants and subtenants under this section and shall be personally delivered to the unit or mailed to the tenant and subtenant at the address of the unit or any other mailing address provided by a tenant.
(1m)
Tenants' rights.
(a)
A residential tenant or residential subtenant shall not be required to vacate the property during the notice period required under sub. (1) unless the tenancy is properly terminated under s. 704.17 or unless, with respect to a tenancy under a lease, as defined in s. 704.01 (1), the term of the lease expires.
(b)
The terms of a residential tenancy may not be altered during the notice period required under sub. (1).
(c)
Failure to give notice as required by this section is a defense to an action for possession.
(2)
Notice of termination. If the notice provided under sub. (1) meets the requirements of s. 704.17 or 704.19, whichever may be applicable, and s. 704.21, the notice constitutes both a notice of conversion and notice of termination of tenancy.
(3)
Priority of lease. Nothing in this section permits termination of a lease by a developer in violation of the terms of the lease.
History:  1987 a. 399.
2023 Wisconsin Statutes & Annotations › Chapter 707 - Time-share ownership. › 707.51 - Protection of campground interests.

707.51
Protection of campground interests.
(1)
Increase in dues payments.
(a)
Except as provided in par. (b), the total amount of dues payments in any year required to be paid by a campground member may not be increased over the total amount of dues payments required during the previous year by a percentage greater than the percentage increase in the U.S. consumer price index for all urban consumers, U.S. city average, as determined by the U.S. department of labor for the previous year, plus 3 percent.
(b)
The limit on a dues payment increase provided in par. (a) does not apply if all of the following occur:
1.
The campground operator proposes an increase greater than the limit.
2.
The campground operator mails a ballot to each campground member to whom the increase would apply, at the campground member's last-known mailing address.
3.
A majority of the campground members who return ballots approve the increase.
(2)
Use of dues payments. Dues payments may not be used for any purposes other than those stated in the campground contract.
(3)
Modification of campground rules.
(a)
Except as provided in par. (b), with respect to a campground located in this state, the campground operator may not, in any manner that significantly degrades or diminishes the rights of the majority of campground members, adversely modify any campground rules or regulations or adversely modify rights to or the scope or nature of any campground or campground amenity, unless occasioned by unanticipated emergency circumstances, in which case the modifications may be made for a period not to exceed 90 days.
(b)
Except as provided in par. (c), a campground operator may modify campground rules or regulations, or rights to or the scope or nature of a campground or campground amenity if all of the following occur:
1.
The campground operator proposes a modification.
2.
The campground operator mails a ballot to each campground member to whom the modification would apply, at the campground member's last-known mailing address.
3.
A majority of the campground members who return ballots approve the modification.
(c)
A campground operator may not under par. (b) terminate a campground contract or suspend a campground member's right or privilege to use a campground or campground amenities.
History:  1987 a. 399.
2023 Wisconsin Statutes & Annotations › Chapter 707 - Time-share ownership. › 707.52 - Campgrounds; breach by member.

707.52
Campgrounds; breach by member.
(1)
Termination for breach. A campground operator may not terminate a campground contract because of a campground member's breach of rules or regulations or terms or conditions of the campground contract, other than terms or conditions for installment payments of the purchase price or for dues payments, unless the campground member has been given at least 30 days' prior written notice of the breach and an opportunity within that period to cure the breach, and unless the breach constitutes any of the following:
(a)
A threat to others or to the property of others.
(b)
A repeated violation of rules or regulations or terms or conditions, after notice has been given of a previous breach.
(c)
A public nuisance.
(d)
An unreasonable infringement upon the rights of other campground members.
(2)
Suspension. A campground operator, upon prior written notice, may immediately suspend a campground member's right or privilege to use campgrounds and campground amenities upon a breach of rules or regulations or terms or conditions under sub. (1) (a) to (d) or upon failure to make installment payments of the purchase price or to make dues payments.
(3)
Termination; installment payments. A campground operator may not terminate a campground contract because of a campground member's failure to make installment payments of the purchase price unless the campground member has been given at least 30 days' prior written notice of the breach and an opportunity within that period to cure the breach.
(4)
Termination; dues payments. A campground operator may not terminate a campground contract because of a campground member's failure to make dues payments unless the default continues for more than 6 months.
(5)
Reinstating a campground contract. A campground operator may reinstate a campground contract that was terminated or suspended for failure to make installment payments of the purchase price or dues payments if the campground member pays all delinquent amounts, together with any interest or penalties specified in the campground contract.
(6)
No unreasonable forfeiture. The termination of a campground contract because of a campground member's breach may not result in an unreasonable forfeiture of the amount of the purchase price already paid. During the first 5 years after a campground contract is signed, the campground operator may not retain a forfeiture, as the result of a campground member's breach, in an amount which exceeds that portion of the total purchase price which is equal to the percentage of the number of months the campground contract has been in effect during the first 5-year period plus 20 percent of the total purchase price.
History:  1987 a. 399.
2023 Wisconsin Statutes & Annotations › Chapter 707 - Time-share ownership. › 707.54 - Labeling of promotional material.

707.54
Labeling of promotional material.
If any improvement in the time-share property is not required to be built, no promotional material may be displayed or delivered to prospective purchasers which describes or portrays that improvement unless the description or portrayal of the improvement is conspicuously labeled or identified as “NEED NOT BE BUILT".
History:  1987 a. 399.
2023 Wisconsin Statutes & Annotations › Chapter 707 - Time-share ownership. › 707.55 - Prohibited advertising and sales practices.

707.55
Prohibited advertising and sales practices.
In connection with the offer or sale of a time share, no person may engage in any of the following practices:
(1)
False or misleading statements. Making any assertion, representation or statement of material fact that is false, deceptive or misleading.
(2)
Incentives. Making any assertion, representation or statement that any incentives, including discounts, special prices, merchandise awards, types of memberships or other financial benefits, are only available to a prospective purchaser for the remainder of the day on which the assertion, representation or statement is made, except that the person may state that the incentives are not guaranteed in the future and that they may be subject to negotiation in the future.
(2m)
Value of incentives. Making any assertion, representation or statement that an incentive or inducement to purchase has a specified price or value unless the incentive or inducement is customarily sold apart from the sale of a time share.
(3)
Resale value. Misrepresenting the resale value of a time share.
(4)
Financial investment. Representing a time share as a financial investment.
(5)
Salespersons. Misrepresenting the identity, function, or authority of a salesperson or team of salespersons.
(6)
Contradictory statements. Making any assertion, representation or statement of material fact which is inconsistent with or contradictory to the terms or provisions of the purchase contract or material provided with the purchase contract.
(7)
Length of sales presentation. Misrepresenting the reasonably estimated length of any sales presentation by a salesperson or team of salespersons.
(8)
Seller's identity. Failing to clearly disclose the seller's identity and that time shares are being offered for sale at the beginning of an initial contact with a prospective purchaser, if the contact is initiated by or on behalf of a seller.
(9)
Purpose of advertising material. Failing to include the following disclosure, in boldface type, on any printed advertising material, including any lodging certificate, gift, award, prize, premium or discount: THIS ADVERTISING MATERIAL IS BEING USED FOR THE PURPOSE OF SOLICITING THE SALE OF TIME-SHARE PROPERTY OR INTERESTS IN TIME-SHARE PROPERTY.
(10)
Gifts and prizes. A mail or coupon promotion sent to residents of this state that offers any award, gift or prize for visiting a development or attending any sales presentation shall comply with the requirements of s. 100.171.
(11)
Waiver. Entering into or requesting a person to enter into any agreement or stipulation that binds the person to waive compliance with this section or that requests the person to certify the absence of any misrepresentation or other violation of this section.
History:  1987 a. 399; 1991 a. 269; 1997 a. 111; 2007 a. 18; 2015 a. 258.
Timeshare Sales: A Consumer Protection Perspective. Fons. Wis. Law. Sept. 2017.
2023 Wisconsin Statutes & Annotations › Chapter 707 - Time-share ownership. › 707.56 - Developer's obligation to complete improvements.

707.56
Developer's obligation to complete improvements.
The developer shall complete all promised improvements as described in the time-share instrument, promotional materials, advertising and the time-share disclosure statements. The developer shall be excused for the period or periods of delay in the completion of any promised improvement if delayed, hindered or prevented from doing so by causes beyond the developer's control, including any of the following:
(1)
Labor disputes not caused by the developer.
(2)
Riots.
(3)
Civil commotion or insurrection.
(4)
War or warlike operations.
(5)
Governmental restrictions, regulations or control.
(6)
Inability to obtain any materials or services.
(7)
Fire or other casualties.
(8)
Acts of God.
(9)
Forces not under the control or supervision of the developer.
History:  1987 a. 399.
2023 Wisconsin Statutes & Annotations › Chapter 707 - Time-share ownership. › 707.57 - Remedies and penalties.

707.57
Remedies and penalties.
(1)
Private remedies.
(a)
If a developer or any other person subject to this chapter fails to comply with this chapter or the time-share instrument, any person or class of persons adversely affected by the failure to comply has a claim for appropriate relief, including but not limited to damages, injunctive or declaratory relief, specific performance and rescission.
(b)
A person or class of persons entitled to relief under par. (a) is also entitled to recover costs, disbursements and reasonable attorney fees, notwithstanding s. 814.04 (1).
(2)
Department of agriculture, trade and consumer protection authority.
(a)
The department of agriculture, trade and consumer protection, or any district attorney upon informing the department of agriculture, trade and consumer protection, may commence an action in circuit court in the name of the state to restrain by temporary or permanent injunction any violation of this chapter. Before entry of final judgment, the court may make such orders or judgments as may be necessary to restore to any person any pecuniary loss suffered because of the acts or practices involved in the action if proof of these acts or practices is submitted to the satisfaction of the court.
(b)
The department of agriculture, trade and consumer protection may conduct hearings, administer oaths, issue subpoenas and take testimony to aid in its investigation of violations of this chapter.
(3)
Penalty. Any person who violates this chapter shall be required to forfeit not more than $5,000 for each offense. Forfeitures under this subsection shall be enforced by action on behalf of the state by the department of agriculture, trade and consumer protection or by the district attorney of the county where the violation occurs.
(4)
Liberal construction. The remedies provided by this chapter shall be liberally administered.
History:  1987 a. 399; 1995 a. 27.
That under sub. (1), any person or class of persons adversely affected by the failure to comply with ch. 707 has a claim does not require that a plaintiff must show some specific harm or pecuniary loss resulting from a seller's violations in order to obtain a remedy under sub. (1). The requirement that a plaintiff be adversely affected by a violation serves to exclude those who have not entered into a transaction with a time-share seller from bringing suit for the seller's violations of ch. 707. Ott v. Peppertree Resort Villas, Inc. 2006 WI App 77, 292 Wis. 2d 173, 716 N.W.2d 127, 04-1226.
2023 Wisconsin Statutes & Annotations › Chapter 707 - Time-share ownership. › 707.58 - Applicability to existing time shares.

707.58
Applicability to existing time shares.
(1)
This chapter applies to all time shares created in units within this state on or after June 1, 1988, and to time shares created before June 1, 1988, as provided in subs. (2) to (12).
(2)
Sections 707.03, 707.30 (5) (a) 1. to 9. and 14. to 16. and (c) 1., 707.35 (1) to (6) and (8), 707.36, 707.37, 707.38 (1), (2), (3) and (5), 707.40 and 707.50 to 707.52 apply to time shares created before June 1, 1988.
(3)
Sections 707.06 and 707.07 apply to contracts relating to time shares created before June 1, 1988, if the contract is entered into on or after June 1, 1988.
(4)
Section 707.23 applies to time-share units created before June 1, 1988, but s. 707.23 does not apply to actions for partition which are brought before June 1, 1988.
(5)
Section 707.34 applies to actions relating to time shares created before June 1, 1988, if those actions accrued on or after June 1, 1988.
(6)
Section 707.35 (7) applies to time-share property created before June 1, 1988, which is damaged or destroyed on or after June 1, 1988.
(7)
Sections 707.38 (1m) and (4), 707.41 to 707.48 and 707.54 to 707.56 apply to time shares which were created before June 1, 1988, and which are sold on or after June 1, 1988.
(8)
Section 707.49 applies to time shares created before June 1, 1988, with respect to deposits, as defined in s. 707.49 (1) (b), relating to those time shares which are received on or after June 1, 1988.
(9)
Section 707.53 applies to time shares created before June 1, 1988, with respect to warranties relating to those time shares which are made on or after June 1, 1988.
(10)
Section 707.57 applies to actions relating to time shares created before June 1, 1988, to the extent the time shares are subject to this chapter.
(11)
Section 707.02 applies to time shares created before June 1, 1988 to the extent necessary to construe any of the provisions listed in subs. (2) to (10).
(12)
The provisions listed in subs. (2) to (11) do not apply to time shares created before June 1, 1988, if the provision conflicts with any rights or obligations created by a time-share instrument, document transferring an estate or interest in real property, or contract, existing before June 1, 1988.
(13)
The time-share instrument or similar document of a time-share property created before June 1, 1988, may be amended to accomplish any result permitted by this chapter if the amendment is adopted in conformity with the procedures and requirements specified by the time-share instrument or similar document. If the amendment grants to any person any rights, powers or privileges permitted by this chapter, all correlative obligations, liabilities and restrictions in this chapter also apply to that person.
History:  1987 a. 399; 1989 a. 31.
2023 Wisconsin Statutes & Annotations › Chapter 707 - Time-share ownership. › 707.59 - Time-share units not within state.

707.59
Time-share units not within state.
(1)
Except as provided in sub. (2), if time shares in a time-share unit located outside of this state are offered or sold in this state, the laws of the state where the time-share unit is located which relate to a general matter covered by this chapter apply to the offer or sale of those time shares in this state. If the state in which the time-share unit is located has no laws relating to a general matter covered by this chapter, the provision in this chapter relating to that matter applies to the offer or sale of those time shares in this state.
(2)
Section 707.55 applies to any offer or sale of a time share in a time-share unit, whether the time-share unit is located in this state or outside this state.
History:  1987 a. 399.
2023 Wisconsin Statutes & Annotations › Chapter 708 - Mortgages and land contracts. › 708.01 - Effect of mortgage.

708.01
Effect of mortgage.
A mortgage on real property creates a lien on the property mortgaged; except for the lien and subject to s. 708.11, the mortgagor retains the interest that the mortgagor had at the time of mortgage until that interest is divested by some later act.
History:  1993 a. 486; 1995 a. 283.
An acceleration clause providing that a mortgage becomes due and payable, at the option of the mortgagee, if the mortgaged premises are leased or transferred without its written permission, while not contrary to public policy, is enforceable only in accord with equitable principles governing foreclosure actions. Mutual Federal Savings & Loan v. American Medical Services, 66 Wis. 2d 210, 223 N.W.2d 921 (1974).
2023 Wisconsin Statutes & Annotations › Chapter 708 - Mortgages and land contracts. › 708.03 - Prohibiting lender from designating attorney for mortgagor.

708.03
Prohibiting lender from designating attorney for mortgagor.
A bank, savings bank, savings and loan association or other lender or lending agency requiring a borrower to give a mortgage on real estate as security for a loan or an existing indebtedness may not designate the attorney to represent the mortgagor's interest in connection with the giving of the mortgage if the mortgagor has or desires a different attorney for that purpose. Any person violating this section shall be fined not more than $100 for each violation.
History:  1991 a. 221.
2023 Wisconsin Statutes & Annotations › Chapter 708 - Mortgages and land contracts. › 708.04 - Removal of buildings from mortgaged premises.

708.04
Removal of buildings from mortgaged premises.
The removal, without the consent of the mortgagee or the mortgagee's assigns, of any building from any real estate upon which there is an unsatisfied mortgage, properly recorded, shall not destroy the lien of such mortgage upon such removed building, but the mortgagee or the mortgagee's assigns shall be entitled to recover the possession of the same in an action of replevin, from any person, and wherever the same may be situated, without regard to the question of the adequacy of the real estate remaining to pay the mortgage debt. If such removal be made by the mortgagor or with the mortgagor's consent, all reasonable expense incurred in recovering such building shall be added to, and collected as a part of, the mortgage debt.
History:  1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 708 - Mortgages and land contracts. › 708.05 - Mortgages, power to sell under.

708.05
Mortgages, power to sell under.
When a power to sell lands shall be given to the grantee in any mortgage or other conveyance intended to secure the payment of money the power shall be deemed a part of the security and shall vest in and may be executed by any person, who, by assignment or otherwise, shall become entitled to the money so secured to be paid.
2023 Wisconsin Statutes & Annotations › Chapter 708 - Mortgages and land contracts. › 708.07 - Satisfaction of state mortgages.

708.07
Satisfaction of state mortgages.
In any case where the records of the offices of the state treasurer and secretary of state fail to show any payments made upon any mortgage of real estate to the state or territory of Wisconsin since January 1, 1865, it shall be the duty of the state treasurer, on demand, to execute, acknowledge and deliver to the owner of all or any portion of the land conveyed by any such mortgage a satisfaction in due form of law acknowledging the satisfaction and discharge of such mortgage, and such satisfaction when so executed shall be conclusive evidence of the payment and discharge of such mortgage and the satisfaction of the lien thereby secured.
2023 Wisconsin Statutes & Annotations › Chapter 708 - Mortgages and land contracts. › 708.09 - Purchase money mortgage defined.

708.09
Purchase money mortgage defined.
A purchase money mortgage is one given as part of the transaction of purchase to the vendor of real estate for all or part of the purchase money or to a 3rd person who advances all or a part of the purchase money.
A purchase money mortgage executed at the time of delivery of the conveyance of legal title has priority, as to the property conveyed, over existing judgments and executions against the mortgagor-vendee, whether the mortgagee is the vendor or a 3rd party who furnishes the purchase price. Northern State Bank v. Toal, 69 Wis. 2d 50, 230 N.W.2d 153 (1975).
2023 Wisconsin Statutes & Annotations › Chapter 708 - Mortgages and land contracts. › 708.10 - Loan funds at closings.

708.10
Loan funds at closings.
(1)
Definitions. In this section:
(a)
“Affiliate" means, with respect to any lender, any person that controls, is controlled by, or is under common control with, the lender.
(b)
“Borrower" means a person who borrows money from a lender to finance a transaction under a loan that is secured by a real estate mortgage.
(c)
“Lender" means all lenders identified under s. 706.11 (1), mortgage brokers, as defined under s. 224.71 (4), and savings and loan associations organized under ch. 215, except that “lender" does not include any federal, state or local unit of government or any agency, political subdivision or instrumentality of such a unit of government.
(d)
“Loan settlement" means the occurrence of all of the following:
1.
The execution by the borrower of a promissory note, mortgage and any other documents that are required by the lender to be signed as a condition to the granting of a loan to the borrower.
2.
The delivery of the proceeds of the loan to the borrower or to a 3rd party on behalf of the borrower.
3.
If the borrower has a right to rescind the loan under federal or state law, the expiration of the borrower's right of recision.
(e)
“Qualified loan funds" means any of the following:
1.
Wire transfer.
2.
Cashier's check or teller's check.
3.
A check that is negotiable, as defined in s. 403.104 (1), and on which the lender or an affiliate of the lender is the drawee, as defined in s. 403.103 (1) (b).
4.
Transfer of the loan funds by the lender into an account maintained by the lender or an affiliate of the lender in favor of the settlement agent or borrower.
(f)
“Settlement agent" means a person retained by the lender who provides services that benefit the lender and borrower in a transaction and who receives and disburses money in connection with the transaction.
(g)
“Transaction" means a transaction under s. 706.001 (1), including a refinancing of an existing indebtedness that is secured by a mortgage on real property, except that “transaction" does not include an open end credit plan as defined under 15 USC 1602 (i).
(h)
“Wire transfer" means the electronic funds transfer system of the federal reserve banks. When funds are transferred by wire transfer, delivery of the funds is complete when a transaction number has been assigned to the wire transfer.
(2)
Loan fund disbursal.
(a)
Except as provided in par. (b), if a settlement agent is to deliver qualified loan funds to the borrower in a transaction, or to a 3rd party on behalf of the borrower, a lender may not permit or require a borrower to complete a loan settlement unless the lender unconditionally delivers qualified loan funds to the settlement agent before or immediately on completion of the loan settlement.
(b)
If the lender and the borrower have agreed that less than all of the loan funds are to be disbursed at the loan settlement, the lender shall deliver qualified loan funds to the settlement agent only in the amount to be disbursed at the loan settlement.
History:  1995 a. 394; 1997 a. 35, 145, 152; 1999 a. 85; 2009 a. 180.
2023 Wisconsin Statutes & Annotations › Chapter 708 - Mortgages and land contracts. › 708.11 - Assignments of rents, leases and profits.

708.11
Assignments of rents, leases and profits.
(1)
In this section, “assignment" means any assignment, pledge, transfer or any other conveyance of an interest in rents, leases or profits, whether contained in a mortgage, security agreement or other document executed by the assignor.
(2)
When any debt or other obligation is secured by an assignment, the assignment shall be effective as to the assignor upon the execution and delivery of the assignment to the assignee. The assignment shall be perfected as to all subsequent purchasers, mortgagees, lien creditors, and all other 3rd parties for all purposes from the time and date of recording the assignment in the register of deeds office of the county in which the real property affected by the assignment is located. The assignment shall be governed by ch. 706 and shall be considered a conveyance for the purposes of ch. 706. An assignee who enforces an assignment in accordance with its terms shall not be considered to be a mortgagee in possession with attendant liability.
(3)
(a)
Unless otherwise agreed upon in writing, the assignee shall be entitled to enforce the assignment without the necessity of any of the following:
1.
Furnishing notice to the assignor or any lessee.
2.
Obtaining possession of the real property.
3.
Impounding the rents.
4.
Securing the appointment of a receiver.
5.
Taking any other affirmative action.
(b)
Unless otherwise agreed upon in writing, the assignee may not exercise any right to collect rents or profits created under an assignment until the assignor is in default on the obligation to the assignee. Enforcement of the assignment shall not be considered a cure of an event of default not withstanding the collection of rents or profits in excess of any delinquent amounts due the assignee.
(4)
Any tenant or lessee who, upon notice from an assignee, makes rent payments to the assignee in accordance with the terms of the assignment shall be given credit for the payment as if the payment had been made to the assignor, but nothing in this section shall affect the other rights and obligations of the assignor or the tenant or lessee as to one another.
(5)
This section does not invalidate assignments of leases, rents or profits that were perfected by other means before May 9, 1996.
History:  1995 a. 283.
Enforcing Assignments of Leases, Rents and Profits. Leibsle. Wis. Law. May 1996.
2023 Wisconsin Statutes & Annotations › Chapter 709 - Disclosures by owners of real estate. › 709.001 - Definitions.

709.001
Definitions.
In this chapter:
(1)
“Condominium unit" or “unit" has the meaning given for “unit" in s. 703.02 (15).
(2)
“Dwelling unit" has the meaning given in s. 101.61 (1).
(3)
“Public agency" has the meaning given in s. 66.0825 (3) (h).
(4)
“Qualified 3rd party" has the meaning given in s. 452.23 (2) (b).
(5)
“Real property" means either of the following:
(a)
Real property that includes 1 to 4 dwelling units, but excluding property that has not been inhabited.
(b)
Real property that does not include any buildings.
(6)
“Time-share property" has the meaning given in s. 707.02 (32).
History:  2011 a. 107.
2023 Wisconsin Statutes & Annotations › Chapter 709 - Disclosures by owners of real estate. › 709.01 - Requirements for transfer.

709.01
Requirements for transfer.
(1)
Except as provided in sub. (2), all persons who transfer real property located in this state, including a condominium unit and time-share property, by sale, exchange, or land contract, unless the transfer is exempt from the real estate transfer fee under s. 77.25, shall comply with ss. 709.02 to 709.04 and 709.06.
(2)
Subsection (1) does not apply to any of the following persons, if those persons have never occupied the property transferred:
(a)
Personal representatives.
(b)
Trustees.
(c)
Conservators.
(d)
Fiduciaries who are appointed by, or subject to the supervision of, a court.
History:  1991 a. 162; 1995 a. 180; 2011 a. 107.
Truth or Consequences? Residential Seller Disclosure Law. Conrad. Wis. Law. August 1992.
Protecting the Residential Seller. Young. Wis. Law. May 1993.
2023 Wisconsin Statutes & Annotations › Chapter 709 - Disclosures by owners of real estate. › 709.035 - Amendments to report.

709.035
Amendments to report.
If at any time after completing a report, whether the original or an amended report, but before acceptance of a contract of sale or option contract an owner obtains information or becomes aware of any condition that would change a response on the completed report, the owner shall submit to a prospective buyer, within the time required under s. 709.02, a complete amended report or an amendment to the previously completed report, along with a copy of the previously completed report if not already submitted to the prospective buyer, that states all of the following:
(1)
The address of the property.
(2)
The owner's name.
(3)
The date of the report being amended.
(4)
The number of any statement on the report that is affected by the new information.
(5)
How the owner's original response to the statement is changed and, if the response is changed to “yes", an explanation of the reason why the response to the statement is “yes".
History:  1995 a. 180.
2023 Wisconsin Statutes & Annotations › Chapter 709 - Disclosures by owners of real estate. › 709.04 - Indication of compliance.

709.04
Indication of compliance.
An owner shall indicate compliance with this chapter on the contract of sale or option contract, on the closing statement or in an addendum to one of those documents.
History:  1991 a. 162; 1995 a. 180.
2023 Wisconsin Statutes & Annotations › Chapter 709 - Disclosures by owners of real estate. › 709.05 - Right to rescind.

709.05
Right to rescind.
(1)
Except as provided in sub. (2) (b), if a buyer receives a report after submission of a contract of sale or option contract to the owner or the owner's agent, the buyer may, after receipt of that report by the prospective buyer and before the applicable deadline, rescind in writing a contract of sale or option contract if a defect, as defined in the report, is disclosed, without any liability on his or her part, and a buyer is entitled to the return of any deposits or option fees paid in the transaction. A prospective buyer who receives a report that is incomplete or that contains an inaccurate assertion that an item is not applicable and who is not aware of the defects that the owner failed to disclose may, within 2 business days after receipt of that report, rescind in writing a contract of sale or option contract without any liability on his or her part and is entitled to the return of any deposits or option fees paid in the transaction. A report under s. 709.03 or 709.033 is considered complete only if the owner answered, or supplied information under s. 709.035 for, each item on the report.
(2)
(a)
1.
Except as provided in subd. 2., a
buyer may not rescind a contract of sale or option contract under this section if he or she receives a complete report before submitting the contract of sale or option contract to the owner or the owner's agent.
2.
Unless par. (b) applies, a buyer under subd. 1. who, after submitting the contract of sale or option contract to the owner or the owner's agent, receives an amended report, or an amendment to the report previously received, that discloses a defect that was not disclosed in the report previously received may, after receipt of the amended report or amendment to the report and before the applicable deadline, rescind in writing the contract of sale or option contract and is entitled to the return of any deposits or option fees paid in the transaction.
(b)
A buyer may not rescind a contract of sale or option contract under this section on the basis of a defect disclosed in a report, amended report or amendment to a report if the buyer was aware, or had written notice, of the nature and extent of the defect at the time the contract of sale or option contract was submitted to the owner or the owner's agent.
(3)
Rescissions under this section are timely if they are delivered to the owner or the owner's agent within 2 business days after the prospective buyer or the prospective buyer's agent receives the report, amended report or amendment to the report.
(4)
The right to rescind under this section is the only remedy under this chapter.
History:  1991 a. 162; 1995 a. 180; 2021 a. 96.
2023 Wisconsin Statutes & Annotations › Chapter 709 - Disclosures by owners of real estate. › 709.07 - Liability precluded.

709.07
Liability precluded.
An owner is not liable for an error or omission in a report under s. 709.03 or 709.033 if the owner had no knowledge of that error or omission, if the error or omission was based on information provided by a public agency, by a licensed engineer, professional land surveyor, as defined in s. 443.01 (7m), structural pest control operator, or qualified 3rd party, or by a contractor about matters within the scope of the contractor's occupation.
History:  1991 a. 162; 1999 a. 150 s. 672; 2011 a. 107; 2013 a. 358.
2023 Wisconsin Statutes & Annotations › Chapter 709 - Disclosures by owners of real estate. › 709.08 - Waiver.

709.08
Waiver.
A buyer may waive in writing the right to rescind under s. 709.05. If a buyer proceeds to closing, the buyer's right to rescind under s. 709.05 is terminated. A buyer may waive in writing the right to receive the report required under s. 709.02.
History:  1991 a. 162.
2023 Wisconsin Statutes & Annotations › Chapter 710 - Miscellaneous property provisions. › 710.01 - Aliens may acquire lands.

710.01
Aliens may acquire lands.
Subject to the limitations of s. 710.02 an alien may acquire and hold lands or any right thereto or interest therein by purchase, devise or descent, and the alien may convey, mortgage and devise the same; and if the alien shall die intestate the same shall descend to the alien's heirs; and in all cases such lands shall be held, conveyed, mortgaged or devised or shall descend in like manner and with like effect as if such alien were a native citizen of the state or of the United States.
History:  1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 710 - Miscellaneous property provisions. › 710.03 - Provision not retroactive.

710.03
Provision not retroactive.
The title to any lands conveyed before May 3, 1887, or any lands which nonresident aliens may hold under s. 710.02 conveyed since that date, shall not be questioned nor in any manner affected by reason of the alienage of any person from or through whom such title may have been derived.
2023 Wisconsin Statutes & Annotations › Chapter 710 - Miscellaneous property provisions. › 710.05 - Adverse claim to account.

710.05
Adverse claim to account.
(1)
In this section:
(a)
“Account" means credit of a depositor with a financial institution, and includes a demand deposit or savings account, certificate of deposit, share account, time deposit, open account and other similar arrangements.
(b)
“Depositor" means a person who, by agreement with a financial institution or by written power of attorney, has the right to issue orders or instructions concerning an account.
(c)
“Financial institution" means a state or national bank, trust company, savings bank, building and loan association, savings and loan association or credit union doing business in this state.
(2)
Except as provided in ch. 112 or subch. I of ch. 705, notice to a financial institution of a claim to all or part of an account by any person other than a depositor of the account or the financial institution has no effect upon the rights and duties of the depositor or financial institution with respect to the account, and notwithstanding such notice or claim the financial institution may honor the orders and instructions of its depositor regarding the account without liability to the claimant until otherwise ordered by a court or administrative agency of appropriate jurisdiction.
History:  1977 c. 430; 1989 a. 331.
2023 Wisconsin Statutes & Annotations › Chapter 710 - Miscellaneous property provisions. › 710.07 - Conveyances by life tenant.

710.07
Conveyances by life tenant.
A conveyance made by a tenant for life or years purporting to grant a greater estate than the tenant possessed or could lawfully convey shall not work a forfeiture of the tenant's estate, but shall pass to the grantee all the estate which such tenant could lawfully convey.
History:  1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 710 - Miscellaneous property provisions. › 710.09 - Navigable stream does not divide parcel.

710.09
Navigable stream does not divide parcel.
Unless otherwise provided by local ordinance, a navigable stream running through a parcel of land does not, in and of itself, divide the parcel into 2 parcels if the parcel, on both sides of the stream, is owned by the same owner.
History:  2013 a. 358.
2023 Wisconsin Statutes & Annotations › Chapter 710 - Miscellaneous property provisions. › 710.10 - Removal of possessor of property.

710.10
Removal of possessor of property.
In the following cases any person who holds possession of property, or the representatives or assigns of such person may be removed under ch. 799 or 843.
(1)
A person holding in violation of s. 704.17 (4), or of s. 704.19 (8).
(2)
A tenant at sufferance holding without permission.
(3)
A possessor of property which has been sold upon foreclosure of a mortgage if the possessor's rights were extinguished by the foreclosure.
(4)
A person who occupies or holds property under an agreement with the owner to occupy and cultivate it upon shares and the time fixed in the agreement for such occupancy has expired.
History:  1971 c. 211; 1975 c. 198; 1979 c. 32 s. 92 (16); 1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 710 - Miscellaneous property provisions. › 710.11 - Transfer of land where dam exists.

710.11
Transfer of land where dam exists.
A person may not accept the transfer of the ownership of a specific piece of land on which a dam is physically located unless the person complies with s. 31.14 (4).
History:  1981 c. 246.
This section does not apply to cranberry dams. Tenpas v. DNR, 148 Wis. 2d 579, 436 N.W.2d 297 (1989).
2023 Wisconsin Statutes & Annotations › Chapter 710 - Miscellaneous property provisions. › 710.12 - Disclosure regarding managed forest land.

710.12
Disclosure regarding managed forest land.
If real property, or any portion of the real property, that is being sold will, after the sale, continue to be subject to an order designating it as managed forest land under subch. VI of ch. 77, the owner of the property shall, no later than 10 days after the acceptance by the owner of the contract of sale or of the option contract, provide a written disclosure to the prospective buyer that the real property will continue to be subject to the order after the property is transferred. The disclosure shall explain that terms of orders designating managed forest land are for 25 or 50 years. The disclosure shall state that the division of forestry in the department of natural resources monitors management plan compliance under the managed forest land program, and shall provide information as to how to contact the division of forestry. The disclosure shall contain the following statement: “Changes you make to property that is subject to an order designating it as managed forest land, or to its use, may jeopardize your benefits under the program or may cause the property to be withdrawn from the program and may result in the assessment of penalties."
History:  2009 a. 365.
2023 Wisconsin Statutes & Annotations › Chapter 710 - Miscellaneous property provisions. › 710.17 - Right to display the flag of the United States.

710.17
Right to display the flag of the United States.
(1)
Definitions. In this section:
(a)
“Housing cooperative” means a cooperative incorporated under ch. 185 or organized under ch. 193 that owns residential property that is used or intended to be used, in whole or in part, by the members of the housing cooperative as their homes or residences.
(b)
“Member of a homeowners' association” means a person that owns residential property within a subdivision, development, or other similar area that is subject to any policy or restriction adopted by a homeowners' association.
(c)
“Member of a housing cooperative” means a member, as defined in s. 185.01 (5) or 193.005 (15), of a housing cooperative if the member uses or intends to use part of the property of the housing cooperative as the member's home or residence.
(2)
Right to display the flag of the United States.
(a)
Except as provided in sub. (3), a homeowners' association may not adopt or enforce a covenant, condition, or restriction, or enter into an agreement, that restricts or prevents a member of the homeowners' association from displaying the flag of the United States on property in which the member has an ownership interest and that is subject to any policy or restriction adopted by the homeowners' association.
(b)
Except as provided in sub. (3), a housing cooperative may not adopt or enforce a covenant, condition, or restriction, or enter into an agreement, that restricts or prevents a member of the housing cooperative from displaying the flag of the United States on property of the housing cooperative to which the member has a right to exclusive possession or use.
(3)
Exceptions. A homeowners' association or housing cooperative may adopt and enforce a covenant, condition, or restriction, or enter into an agreement, that does any of the following:
(a)
Requires that any display of the flag of the United States must conform with a rule or custom for proper display and use of the flag set forth in 4 USC 5 to 10.
(b)
Provides a reasonable restriction on the time, place, or manner of displaying the flag of the United States that is necessary to protect a substantial interest of the homeowners' association or housing cooperative.
History:  2017 a. 67.
2023 Wisconsin Statutes & Annotations › Chapter 711 - Digital property. › 711.04 - Priorities; user directions for disclosure of digital property.

711.04
Priorities; user directions for disclosure of digital property.
(1)
A user may use an online tool to direct the custodian to disclose to a designated recipient or not to disclose some or all of the user's digital property, including the content of electronic communications. If the online tool allows the user to modify or delete a direction at all times, a direction regarding disclosure using an online tool overrides a contrary direction by the user in a will, trust, power of attorney, or any other governing instrument.
(2)
If a user has not used an online tool to give direction under sub. (1), or if the custodian has not provided an online tool, the user may allow or prohibit disclosure to a fiduciary of some or all of the user's digital property, including the content of electronic communications sent or received by the user, in a will, trust, power of attorney, or any other governing instrument.
(3)
A user's direction under sub. (1) or (2) overrides a contrary provision in a terms of service agreement that does not require the user to act affirmatively and distinctly from the user's assent to the terms of service.
History:  2015 a. 300.
2023 Wisconsin Statutes & Annotations › Chapter 711 - Digital property. › 711.06 - Disclosure of digital property; agent under a power of attorney.

711.06
Disclosure of digital property; agent under a power of attorney.
(1)
Disclosure of digital property other than content of electronic communications; principal. Unless otherwise ordered by the court, directed by the principal, or provided in a power of attorney, a custodian shall disclose to an agent with specific authority over the principal's digital property or general authority to act on behalf of a principal a catalogue of electronic communications sent or received by the principal and digital property, other than the content of electronic communications, in which the principal has a right or interest, if the agent gives the custodian all of the following:
(a)
A written request for disclosure in physical or electronic form.
(b)
An original or a copy of the power of attorney that gives the agent specific authority over digital property or general authority to act on behalf of the principal.
(c)
A certification by the agent, under penalty of perjury, that the power of attorney is in effect.
(d)
If requested by the custodian, any of the following:
1.
A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the principal's account.
2.
Evidence linking the account to the principal.
(2)
Disclosure of content of electronic communications; principal. To the extent a power of attorney expressly grants an agent authority over the content of electronic communications sent or received by the principal and unless directed otherwise by the principal or the court, a custodian shall disclose to the agent the content of electronic communications if the agent gives the custodian all of the following:
(a)
The items described in sub. (1) (a), (c), and (d).
(b)
An original or a copy of the power of attorney that expressly grants the agent authority over the content of electronic communications of the principal.
History:  2015 a. 300.