Sell a house as-is in Superior, WI

Good to know first: you don't need to do any of this to ask us for a number, and a title company handles the closing paperwork. This page is here if you want the background.

Does "as-is" get me out of the condition report?

Not by itself. The chapter reaches anyone transferring property by sale, exchange, or land contract, for 1 to 4 dwelling units, and the words "as-is" in a contract aren't on its list of exemptions.

• Deadline: no later than 10 days after acceptance.
• Complete: it counts as complete only if every item is answered.
• Waiver: a buyer may waive it in writing. That's the buyer's decision, and a seller can't waive it for them.
• Honesty: you must make each answer with honesty in fact. The form isn't a warranty, but it isn't a place to guess either.

Who's outside it? Personal representatives, trustees, conservators, and fiduciaries who are court-appointed or court-supervised, if they've never occupied the property. The court-appointed part describes the fiduciaries, not trustees. And if any of them lived in the house, the exemption is gone.

Can a disclosure kill the deal?

It can, with any buyer. A buyer who gets the report after submitting the contract may rescind in writing if a defect is disclosed, and gets deposits back. Rescissions must be delivered within 2 business days after receiving the report. There's a second door too: a report that's incomplete, or that wrongly marks something not applicable, can let a buyer out in that same window.

How to keep a defect from ending it

The statute itself shows the way, and it isn't by hiding anything:

1. Give the complete report earlyA buyer generally can't rescind this way after receiving a complete report before submitting the contract.
2. Put the problem in writing up frontA buyer can't rescind over a defect they knew of or had written notice of, including its nature and extent, when the contract was submitted.
3. Update it if something changesAn amended report showing a new defect opens the window again, so do it as soon as you learn of it.

Timing can be tricky in a real deal, so a Wisconsin attorney should read yours. Going to closing ends the buyer's right to cancel over the report.

What does the form ask about a rough house?

A defect means a condition that significantly hurts value, health or safety, or the home's normal life. Rough houses tend to get stuck on these:

• A past fire: defects from a fire in a stove or fireplace or elsewhere.
• A wet basement: cracks, seepage, bulges.
• Mold you know of: unsafe levels. Wisconsin's health agency doesn't recommend testing, and says to fix the moisture source. So answer what you know, and don't order a test just for the form.
• Hazards: radon, radium in water, lead in paint or soil. The state says about 1 in 10 homes has high radon, and only a test can tell you.
• Methamphetamine manufacture, if you know of it.
• A well and a septic system, for homes outside city service.

You aren't liable for an error you didn't know about when it came from a public agency, engineer, surveyor, or contractor. So keep the reports you relied on.

Is lead paint separate?

Yes, it's federal, and it comes up a lot here. The Census puts Superior's median year built at 1957, and 78.1 percent of units date from 1979 or earlier. Sellers of most pre-1978 homes must provide what they know about lead-based paint and hazards, and give the EPA pamphlet before the buyer signs. Selling as-is doesn't change that. On a loan-backed sale, FHA also requires defective paint on such a home to be noted and repaired, which is one reason some houses can't get a normal buyer.

Does the city make me fix it before I sell?

State law bars a local government from restricting a sale by requiring actions on the property or a related fee, and that covers inspections and repairs. It has two limits. A city can still require action that isn't connected with the sale, and it can enforce state or federal requirements. The city rules page has the rest.

What if it has a placard or a raze order?

These come from state law. We couldn't read Superior's own code, so call and ask what it adds.

Should I fix it first?

Sometimes yes. If a repair is small and clears a loan buyer's objection, doing it may pay for itself. Add up what the work costs against what the house would bring without it, and ask a local agent. If the work is beyond you, or the house can't get a loan, that's when a direct sale tends to fit. We buy as it stands, price the work into a written number, and you don't fix or clean. The form is still your job unless the buyer waives it, so ask us that before you sign.