Megan’s Law

Effective May 9, 2000 Wisconsin’s sex offender law (1999 Wisconsin Act 89) was substantially revised. Under the portion of the law now in effect, no broker or salesperson, no landlord or his or her agent (property managers, rental agents, etc.), nor any owner of an interest in real property, has any duty to disclose to tenants or buyers any information about whether a particular person is required to register as a sex offender, or any information about the sex offender registry. In other words, licensees, landlords, property managers, and sellers have immunity until June 1, 2001 relating to disclosure of information about sex offenders. Real estate licensees, owners and property managers must keep in mind that this status will change beginning June 1, 2001.

After-the-Fact Referral Fee Proposal

Proposed statutory revisions would prohibit brokers from demanding referral fees without reasonable cause. Also prohibited would be threats to withhold employee relocation benefits if the broker is not paid a fee for a referral being demanded without reasonable cause from the other broker. A copy of this proposal can be found in the in the Legal Services section under “License Law Revisions.”

Designated Agency Proposal

Proposed revisions to Wisconsin license law would allow a broker to designate individual agents as the agent for a seller or a buyer client and thus avoid dual agency within the firm. A copy of this proposal can be found in the in the Legal Services section “License Law Revisions.”

Electronic Commerce

The WRA will be working on revisions to the state’s electronic commerce statutes to facilitate use of transaction platforms and electronic signatures. Recent federal legislation (E-Sign) and the Uniform Electronic Commerce Proposal (UETA) will be the likely foundation for Wisconsin’s bill.

Lead Based Paint Immunity Bill Enabling Rules

The state Department of Health and Family Services will present the initial draft of the rules implementing the Lead based Paint Immunity Bill to the Legislature in mid-December. These rules are anticipated to take effect in the spring of 2001 and would provide property owners immunity from LBP injuries if the property is certified as meeting minimum standards. The rules will also create courses for owners and maintenance crews to allow them to do limited testing and LBP abatement. For more information regarding LBP issues see Legal Update 00.04.