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Bills from the 2009–10 session

Assembly Bill 6

A tort action for intentional misrepresentation in a residential real estate transaction

Topics: Court: Procedure, Fraud, Housing, Real property

Stopped before the full Assembly voted

The recommended passing it, but the full Assembly never voted on it. To try again, a lawmaker would have to start a new bill.

  1. Introduced, passed

    Jan 27, 2009

  2. Committee, passed

    Approved

  3. Assembly vote, stopped here

    Stopped here. The full Assembly never voted on it.

  4. Senate vote, not reached

  5. Governor, not reached

  6. Law, not reached

Latest entry in the official record, Apr 28, 2010: “Failed to pass pursuant to ⁠”

Read the bill

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What it would have done

Summary by the , the Legislature's nonpartisan drafting office. It's their wording, not ours.

In Below v. Norton , 2008 WI 77, 751 N.W. 2d 351, the Wisconsin Supreme Court determined that the economic loss doctrine bars a homebuyer from recovering in tort for an intentional misrepresentation concerning the property made by the seller of the property. Under the judicially created economic loss doctrine, a purchaser of a product that is defective may not recover from the seller on a tort theory, such as an action for damages for fraud or intentional misrepresentation, for damages that are solely economic; the recovery is limited to damages for a breach of contract. Before Below , with respect to real estate sales, the economic loss doctrine applied only to commercial transactions.

This bill reverses the decision in Below by providing that, in addition to any other remedies that are available, a transferee (purchaser) in a residential real estate transaction may maintain an action in tort against the transferor (seller) of the real estate for fraud committed, or an intentional misrepresentation made, by the transferor in the residential real estate transaction. The bill defines a residential real estate transaction as a real estate transfer for which a real estate condition report is required, which is, generally, a transfer of previously inhabited real property.

Who's behind it

14 lawmakers are its ⁠. 11 are Democrats and 2 are Republicans. 1 has no party on record.

9 more lawmakers ⁠.

See all 23 names

Authors (14)

Signed on in support (9)

How lawmakers voted

There was one vote on this bill.

Assembly Committee on Consumer Protection vote to recommend it

Passed, 7 to 2 · Feb 27, 2009

No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.

Official motion: “Report passage recommended by committee on Consumer Protection, Ayes 7, Noes 2”. Official record · This vote on its own page

What happened

  1. Apr 28, 2010

    The session ended, and the bill died with it.

  2. Feb 27, 2009

    Sent to the Assembly Committee on Rules.

  3. Feb 27, 2009

    The committee voted to recommend passing it, 7 to 2.

  4. Feb 12, 2009

    The committee held a public hearing.

  5. Jan 27, 2009

    Sent to the Assembly Committee on Consumer Protection.

  6. Jan 27, 2009

    Introduced in the Assembly.

See the official record, word for word
  1. Jan 27, 2009 · Assembly

    Introduced by Representatives Radcliffe, Hebl, Colon, Soletski, Roys, Richards, Pope-Roberts, Shilling, Berceau, Parisi, Hraychuck, Molepske Jr., A. Ott and Van Roy;Cosponsored by Senators Erpenbach, Hansen, Taylor, Lehman, Lassa, Wirch, Sullivan, Olsen and Schultz

  2. Jan 27, 2009 · Assembly

    Read first time and referred to committee on Consumer Protection

  3. Feb 12, 2009 · Assembly

    Public hearing held

  4. Feb 19, 2009 · Assembly

    Executive action taken

  5. Feb 27, 2009 · Assembly

    Report passage recommended by committee on Consumer Protection, Ayes 7, Noes 2

  6. Feb 27, 2009 · Assembly

    Referred to committee on Rules

  7. Apr 28, 2010 · Assembly

    Failed to pass pursuant to Senate Joint Resolution 1

Terms on this page

Committee

A small group of lawmakers that looks at a bill first. Most bills never leave committee.

More in the glossary

Senate Joint Resolution 1

The session's calendar. Any bill not passed by its last voting day dies.

Official term: Failed to pass pursuant to SJR 1. More in the glossary

Legislative Reference Bureau

The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.

Official term: LRB analysis. More in the glossary

Author

A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.

Official term: Author, coauthor. More in the glossary

Signed on in support

Lawmakers who back a bill without being one of its authors, often from the other chamber.

Official term: Cosponsor. More in the glossary

Roll call

A vote where each lawmaker's yes or no is recorded by name.

Official term: Roll call vote. More in the glossary

From the Wisconsin Legislature's official record, checked Sep 15, 2026. See the source

Committee

A small group of lawmakers that looks at a bill first. Most bills never leave committee.

More in the glossary

Senate Joint Resolution 1

The session's calendar. Any bill not passed by its last voting day dies.

Official term: Failed to pass pursuant to SJR 1

More in the glossary

Legislative Reference Bureau

The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.

Official term: LRB analysis

More in the glossary

Author

A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.

Official term: Author, coauthor

More in the glossary

Signed on in support

Lawmakers who back a bill without being one of its authors, often from the other chamber.

Official term: Cosponsor

More in the glossary

Roll call

A vote where each lawmaker's yes or no is recorded by name.

Official term: Roll call vote

More in the glossary