Under a new law that went into effect in July 2015, local units of government are prohibited from requiring inspections, property maintenance or payment of related fees at the time of sale or transfer of title. A time of sale (TOS) requirement is an obligation that must be performed prior to a closing when a property is sold. Prior to the new law, TOS requirements served as a source of frustration for sellers and others involved in real estate transactions.
However, since the passage of the new law, some communities have asserted that the new law only applied to sellers — not to purchasers or new owners upon occupancy. These communities found a loophole.
The good news: the WRA, with the help of state Sen. Frank Lasee (R-De Pere) and state Rep. Robert Brooks (R-Saukville), has amended this law to close the loophole in the TOS statute by expanding the TOS restrictions to both buyers and at the time of occupancy. A local government may still require homeowners to maintain their property to certain standards, but these requirements will not get in the way of the transfer of the property.
For more information about TOS requirements, visit the TOS resource page on the WRA website at www.wra.org/TimeofSaleQA.