Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB870

Introduced
1/5/24  
Refer
1/5/24  
Report Pass
3/6/24  

Caption

Various changes regarding the laws governing real estate practice, disclosures regarding real property wholesalers, and providing a penalty.

Impact

The bill's implementation is expected to have a substantial impact on how real estate transactions are conducted within the state. By requiring real property wholesalers to notify sellers and assignees of their status and the nature of their agreements, SB870 aims to protect consumers from potential fraud and misrepresentation. The penalties associated with non-compliance, including increased maximum forfeitures for violations from $1,000 to $5,000, are designed to deter bad practices in the industry. This shift not only safeguards consumer interests but may also lead to more structured market practices, encouraging fair competition.

Summary

Senate Bill 870 introduces significant changes to the laws governing real estate practices in Wisconsin, particularly concerning real property wholesalers. The bill stipulates that real property wholesalers must provide specific disclosures to sellers and third parties involved in real estate transactions, informing them of their status as wholesalers. This requirement aims to enhance transparency in real estate dealings, ensuring that all parties understand their rights and obligations under the law. Additionally, the bill clarifies the definitions of 'adverse fact' and 'material adverse fact', providing a more structured approach to the types of information that need to be disclosed during real estate transactions.

Contention

Discussions surrounding SB870 have highlighted varying viewpoints on the necessity and potential consequences of these regulations. Supporters argue that the bill is crucial for protecting buyers and ensuring ethical conduct among wholesalers, who may operate without adequate oversight. Critics, however, have raised concerns about the potential for increased regulatory burdens on wholesalers and the real estate market at large. They fear that the heightened disclosure requirements might complicate transactions or dissuade individuals from participating in the real estate market.

Legal provisions

The bill amends existing statutes pertaining to real estate practice law, enhancing the responsibility of wholesalers to disclose material facts that could influence contractual decisions. It also affirms that if wholesalers fail to provide necessary disclosures, affected parties have the right to rescind contracts and reclaim deposits, thereby reinforcing accountability in real estate transactions. Additionally, SB870 asserts that good faith disclosures by licensees may protect them from civil liability, thereby fostering an environment of trust among parties involved in real estate transactions.

Companion Bills

No companion bills found.

Previously Filed As

WI AB918

Various changes regarding the laws governing real estate practice, disclosures regarding real property wholesalers, and providing a penalty.

WI HB773

Real estate brokers and agents; revise liability regarding disclosure statements.

WI AB392

Makes various changes relating to property. (BDR 10-209)

WI HB3

Real estate commission; real estate brokers, companies, salespersons; training, qualifications licensure; penalties for certain licensee conduct; required disclosures, prohibited conduct

WI SB1866

AUCTION/REAL ESTATE-VARIOUS

WI SB2548

Real estate; amend property condition disclosure statement liability.

WI HB443

Revise discrimination law regarding realtors and other professionals

WI AB1289

Real property disclosure requirements.

WI HB06769

An Act Concerning The Department Of Consumer Protection's Recommendations Regarding Real Estate Licensing And Enforcement.

WI HB1015

Regarding law enforcement practices

Similar Bills

WI AB918

Various changes regarding the laws governing real estate practice, disclosures regarding real property wholesalers, and providing a penalty.

AZ HB2747

Wholesale real estate buyers; disclosure

OR HB3092

Relating to residential property wholesaling.

IA HSB637

A bill for an act relating to the wholesaling of residential property by a wholesaler, and providing civil penalties.(See HF 2394.)

IA SF2290

A bill for an act relating to the wholesaling of residential property by a wholesaler, and providing civil penalties.(Formerly SSB 3133.)

IA HF2394

A bill for an act relating to the wholesaling of residential property by a wholesaler, and providing civil penalties. (Formerly HSB 637.) Effective date: 07/01/2024.

IA SSB3133

A bill for an act relating to the wholesaling of residential property by a wholesaler, and providing civil penalties.(See SF 2290.)

NJ S3824

Establishes residential property wholesaler license.