Skip to content
Bills from the 2009–10 session

Senate Bill 9

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

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

Became law

The governor signed it on Apr 9, 2009. It's ⁠.

  1. Introduced, passed

    Jan 21, 2009

  2. Committee, passed

    Approved

  3. Senate vote, passed

    Passed Feb 24, 2009

  4. Assembly vote, passed

    Passed 69 to 28

  5. Governor, passed

    Signed

  6. Law, here now

    2009 Wisconsin Act 4

Latest entry in the official record, Apr 13, 2009: “Published 4-22-2009”

Read the bill

Following saves it on this device. New actions show on your Following page. You can also get updates in a feed reader.

What it does

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

10 senators are its ⁠. 7 are Democrats and 3 are Republicans.

14 more lawmakers ⁠.

See all 24 names

Authors (10)

Signed on in support (14)

How lawmakers voted

There were 2 votes on this bill.

Senate Committee on Judiciary vote to recommend it

Passed, 5 to 0 · Feb 12, 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 Judiciary, Corrections, Insurance, Campaign Finance Reform, and Housing, Ayes 5, Noes 0”. Official record · This vote on its own page

Assembly vote to pass it

Passed, 69 to 28 · Mar 26, 2009

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

Official motion: “Read a third time and concurred in, Ayes 69, Noes 28”. Official record · This vote on its own page

What happened

  1. Apr 13, 2009

    The new law was published.

  2. Apr 9, 2009

    The governor signed it. It became 2009 Wisconsin Act 4.

  3. Apr 8, 2009

    Sent to the governor.

  4. Mar 26, 2009

    The Assembly passed it too, 69 to 28.

  5. Mar 17, 2009

    Sent to the Assembly Committee on Rules.

  6. Feb 24, 2009

    Sent to the Assembly Committee on Consumer Protection.

  7. Feb 24, 2009

    The Assembly received it.

  8. Feb 24, 2009

    The Senate passed it.

  9. Feb 24, 2009

    1 more senator signed on in support.

  10. Feb 12, 2009

    The committee voted to recommend passing it, 5 to 0.

  11. Feb 5, 2009

    The committee held a public hearing.

  12. Jan 21, 2009

    Sent to the Senate Committee on Judiciary, Corrections, Insurance, Campaign Finance Reform, and Housing.

  13. Jan 21, 2009

    Introduced in the Senate.

See the official record, word for word
  1. Jan 21, 2009 · Senate

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

  2. Jan 21, 2009 · Senate

    Read first time and referred to committee on Judiciary, Corrections, Insurance, Campaign Finance Reform, and Housing

  3. Feb 5, 2009 · Senate

    Public hearing held

  4. Feb 11, 2009 · Senate

    Executive action taken

  5. Feb 12, 2009 · Senate

    Report passage recommended by committee on Judiciary, Corrections, Insurance, Campaign Finance Reform, and Housing, Ayes 5, Noes 0

  6. Feb 12, 2009 · Senate

    Available for scheduling

  7. Feb 18, 2009 · Senate

    Placed on calendar 2-24-2009 by committee on Senate Organization

  8. Feb 24, 2009 · Senate

    Senator Miller added as a coauthor

  9. Feb 24, 2009 · Senate

    Read a second time

  10. Feb 24, 2009 · Senate

    Ordered to a third reading

  11. Feb 24, 2009 · Senate

    Rules suspended

  12. Feb 24, 2009 · Senate

    Read a third time and passed

  13. Feb 24, 2009 · Senate

    Ordered immediately messaged

  14. Feb 24, 2009 · Assembly

    Received from Senate

  15. Feb 24, 2009 · Assembly

    Read first time and referred to committee on Consumer Protection

  16. Mar 17, 2009 · Assembly

    Withdrawn from committee on Consumer Protection and referred to committee on Rules pursuant to Assembly Rule 42 (3)(c)

  17. Mar 24, 2009 · Assembly

    Placed on calendar 3-26-2009 by committee on Rules

  18. Mar 26, 2009 · Assembly

    Read a second time

  19. Mar 26, 2009 · Assembly

    Ordered to a third reading

  20. Mar 26, 2009 · Assembly

    Rules suspended

  21. Mar 26, 2009 · Assembly

    Read a third time and concurred in, Ayes 69, Noes 28

  22. Mar 26, 2009 · Assembly

    Ordered immediately messaged

  23. Mar 26, 2009 · Senate

    Received from Assembly concurred in

  24. Apr 1, 2009 · Senate

    Report correctly enrolled on 4-1-2009

  25. Apr 8, 2009 · Senate

    Presented to the Governor on 4-8-2009

  26. Apr 9, 2009 · Senate

    Report approved by the Governor on 4-8-2009. 2009 Wisconsin Act 4

  27. Apr 13, 2009 · Senate

    Published 4-22-2009

Terms on this page

Wisconsin Act

The number a bill gets when it becomes law, like 2025 Wisconsin Act 12.

Official term: Act. 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

Wisconsin Act

The number a bill gets when it becomes law, like 2025 Wisconsin Act 12.

Official term: Act

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