How It Works·October 1, 2026

The Inspection Contingency

The inspection contingency is one of the most important protections in a Wisconsin home purchase.

The contract language (WB-11, lines 178–227)

On what inspections are allowed:

Buyer may only conduct inspections or tests if specific contingencies are included as a part of this Offer. An "inspection" is defined as an observation of the Property, which does not include an appraisal or testing of the Property, other than testing for leaking carbon monoxide, or testing for leaking LP gas or natural gas used as a fuel source, which are hereby authorized.

The core contingency (lines 193–208):

(1) This Offer is contingent upon a Wisconsin registered or Wisconsin licensed home inspector performing a home inspection of the Property after the date on line 1 of this Offer that discloses no Defects.

(2) This Offer is further contingent upon a qualified independent inspector or independent qualified third party performing an inspection of [list any Property component(s) to be separately inspected] which discloses no Defects.

This contingency shall be deemed satisfied unless Buyer, within ________ days ("15" if left blank) after acceptance, delivers to Seller a copy of the written inspection report(s) dated after the date on line 1 of this Offer and a written notice listing the Defect(s) identified in those report(s) to which Buyer objects (Notice of Defects).

What counts as a "Defect" (lines 212–215):

"Defect" means a condition that would have a significant adverse effect on the value of the Property; that would significantly impair the health or safety of future occupants of the Property; or that if not repaired, removed or replaced would significantly shorten or adversely affect the expected normal life of the premises.

The seller's right to cure (lines 216–226):

Seller (shall) (shall not) STRIKE ONE ("shall" if neither is stricken) have the right to cure the Defects. If Seller has the right to cure, Seller may satisfy this contingency by: (1) delivering written notice to Buyer within ________ days ("10" if left blank) after Buyer's delivery of the Notice of Defects stating Seller's election to cure Defects; (2) curing the Defects in a good and workmanlike manner; and (3) delivering to Buyer a written report detailing the work done no later than three days prior to closing.

This Offer shall be null and void if Buyer makes timely delivery of the Notice of Defects and written inspection report(s) and: (1) Seller does not have the right to cure; or (2) Seller has the right to cure but: (a) Seller delivers written notice that Seller will not cure; or (b) Seller does not timely deliver the written notice of election to cure.

The Radon Testing Contingency (lines 227–244)

This Offer is contingent upon Buyer obtaining a current written report of the results of a radon test at the Property performed by a qualified third party in a manner consistent with applicable EPA and Wisconsin Department of Health Services protocols and standards indicating an EPA average radon level of less than 4.0 picoCuries per liter (pCi/L).

This contingency shall be deemed satisfied unless Buyer, within ________ days ("20" if left blank) after acceptance delivers to Seller a written copy of the radon test results indicating a radon level of 4.0 pCi/L or higher and written notice objecting to the radon level in the report.

Plain-English summary * (— not legal advice)*

The inspection contingency gives you the right to have a licensed home inspector evaluate the property after your offer is accepted. But it doesn't automatically let you cancel for any reason — it only protects you against "Defects," which the form defines narrowly as conditions with significant adverse effects on value, health/safety, or the expected life of the property. Minor issues that a home inspector flags may not qualify.

The default deadline to deliver your inspection report and Notice of Defects is 15 days after acceptance — but this is negotiable and can be filled in with a different number. Missing this deadline means the contingency is "deemed satisfied" — you lose your right to object, even if defects were found.

One important procedural point: sending the seller a proposed amendment asking for repairs is not the same as a Notice of Defects. The form is explicit: "A proposed amendment is not a Notice of Defects and will not satisfy this notice requirement." If you want to preserve your right to cancel or negotiate, you must deliver both the written inspection report and a written Notice of Defects within the deadline.

The "Right to Cure" clause gives the seller the option to fix the defects rather than let you walk away. By default ("shall" if neither option is stricken), sellers have this right. If the seller elects to cure, they have 10 days to notify you and must complete the work before closing. If they choose not to cure, or miss the deadline to notify you, the offer becomes null and void.

Radon is handled in a separate contingency with its own deadline (default 20 days) and a specific threshold: 4.0 pCi/L or higher. Wisconsin has significant radon risk in many areas — this contingency is worth including.

Important points

The 15-day default deadline is tight — order your inspection quickly after acceptance
The "Defect" definition has a high bar — not every issue qualifies
The seller's Right to Cure is the default — they can choose to fix rather than let you walk
Radon testing has its own separate contingency and deadline
Inspections authorized here do not include testing of materials (soil, water, air) — those require separate contingencies

The contract language above is from the WB-11 Residential Offer to Purchase (10/01/2026), a form approved by the Wisconsin Department of Safety and Professional Services. View the full form →

The plain-English summary above is for general informational and educational purposes only and is not legal advice. Consult a licensed Wisconsin attorney for guidance specific to your transaction.

Have questions about buying or selling in Madison?