Questions Answered by William F Sulton Esq.

Q: i have a company i hired to paint my home and garage. There is a lot to it, but the gist is they did not complete

1 Answer | Asked in Civil Litigation and Contracts for Wisconsin on
Answered on Jul 18, 2018
William F Sulton Esq.'s answer
You need a lawyer that will file a lawsuit in small claims or regular civil court.

Q: Can a judge deny expungement due to a failed drug test during probation?

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Libel & Slander for Wisconsin on
Answered on Apr 19, 2018
William F Sulton Esq.'s answer
The law is that you must successfully complete your probation. That differs from whether you were revoked. But given that you were not revoked, I have question about why your case ended up back in front of a judge. Expungement is supposed to happen automatically when the clerk of court receives paperwork from the probation office. Because you were not revoked, I wonder why clerk of court did not expunge the record. It sounds like a mistake on the clerk's part.

Q: I was on probation at the time I applied for employment. I was denied because of my criminal background. Is this ok.

1 Answer | Asked in Employment Discrimination for Wisconsin on
Answered on Apr 17, 2018
William F Sulton Esq.'s answer
Sections 111.321 and 111.322(1) of the Wisconsin Statutes prohibit employers from denying opportunities because of an arrest or conviction record. The facts you describe violate those prohibitions.

Q: What do I do if sellar won't sign release of contract for home inspection failure?

2 Answers | Asked in Real Estate Law and Stockbroker Fraud for Wisconsin on
Answered on Apr 6, 2018
William F Sulton Esq.'s answer
You could file a lawsuit for a declaration stating that the sale is null and void. But that seems unnecessary in this circumstance. You can probably just walk away from the deal. It happens everyday.

Q: What is the best way for an adult child to buy her mother's house? Mother is in assisted living, house is paid off.

2 Answers | Asked in Real Estate Law, Elder Law and Estate Planning for Wisconsin on
Answered on Apr 6, 2018
William F Sulton Esq.'s answer
Your mother can transfer the property to you at any time by signing a deed. She could also use a will or trust.

Q: I have been suspended from my job pending an investigation but my employer will not tell me what it’s about?

1 Answer | Asked in Employment Law for Wisconsin on
Answered on Apr 6, 2018
William F Sulton Esq.'s answer
It does not sound like you need a lawyer at this point in time. Many employers would refuse to allow attorney representatives in an interview about an internal matter. If you are an at will employee, that could result in termination. The best advice I can provide is to request your employment file before you are interviewed.

Q: My tenants want to leave. I agreed to let them out of the lease but they refuse to leave in a timely fashion. What now?

2 Answers | Asked in Landlord - Tenant for Wisconsin on
Answered on Apr 6, 2018
William F Sulton Esq.'s answer
You have a coupe of options. One is to file an eviction action for unlawfully holding over. Another is to hold the tenants to the terms of the original lease agreement.

Q: Could my 4th Amendment rights have been violated?

1 Answer | Asked in Criminal Law and Constitutional Law for Wisconsin on
Answered on Apr 6, 2018
William F Sulton Esq.'s answer
More information is needed to provide meaningful advice. You cannot be arrested for (or charged with) possession of prescription medication without having a valid prescription absent probable cause. So unless you had a large number of pills or confessed, it would ordinarily be difficult to get to probable cause.

It sounds like you were stopped for the purpose of investigating cocaine possession. Without knowing what the tip precisely said, it is difficult to evaluate whether the police...

Q: Awarded house in divorce, no $ owed to ex. Cannot get them to sign Quit Claim Deed. Can judge sign deed in ex's place?

1 Answer | Asked in Real Estate Law and Divorce for Wisconsin on
Answered on Mar 3, 2018
William F Sulton Esq.'s answer
Your question is unclear. If you have an order awarding the house to you, you do not need the ex to sign. You can simply extinguish the ex’s interest and have another deed recorded on the property.

Q: My condo association is holding a vote to change a specific bylaw that will financially benefit certain condo owners.

1 Answer | Asked in Real Estate Law for Wisconsin on
Answered on Feb 27, 2018
William F Sulton Esq.'s answer
It does not sound legal. One would need to review the bylaws and other relevant documents to provide meaningful advice. And it sounds like the review should happen sooner rather than later.

Q: All parties signed an offer to purchase, now seller requests we sign a rescind feels price is too low - is this legal?

1 Answer | Asked in Real Estate Law for Wisconsin on
Answered on Feb 24, 2018
William F Sulton Esq.'s answer
The buyer may sue for specific performance. Alternatively, the buyer may sue for the earnest money and damages. As long as the realtor disclosed the conflict of interest, the relationship is probably not illegal. I suggest you speak with a lawyer.

Q: How long can the police have my phone without a warrant?

1 Answer | Asked in Civil Rights and Constitutional Law for Wisconsin on
Answered on Feb 9, 2018
William F Sulton Esq.'s answer
You should file a petition for the return of the phone under Section 968.20 of the Wisconsin Statutes. It is unclear whether there is a violation of the Fourth Amendment. You were told that you were not under arrest and voluntarily handed the phone over. You should have said no.

Q: My siblings and I own land. I want to sell, one sibling does not and refuses to discuss. What are my options?

1 Answer | Asked in Real Estate Law for Wisconsin on
Answered on Feb 5, 2018
William F Sulton Esq.'s answer
You should consider going to court. At court, your sibling would be forced to buy your share or accept the allocation after the land is sold.

Q: My 17 year old was arrested for disorderly conduct in Wisconsin. What rights do I have as a parent in this situation?

2 Answers | Asked in Criminal Law, Civil Rights, Constitutional Law and Juvenile Law for Wisconsin on
Answered on Feb 3, 2018
William F Sulton Esq.'s answer
You do not have rights, as the law defines that term. However, the situation is ridiculous and you should expect the charged to be dismissed.

Q: Sold our home & after 3 months they are coming after us saying heating system didn't work or stove,it was nov when SOLD

1 Answer | Asked in Real Estate Law for Wisconsin on
Answered on Jan 27, 2018
William F Sulton Esq.'s answer
The problem with lawsuits like this is that they are expensive. You may have insurance that will provide you with a defense. I suggest you contact the insurance company you had at the time.

Q: Can a warrant for arrest be issued for a property code violation in Wisconsin?

1 Answer | Asked in Gov & Administrative Law and Municipal Law for Wisconsin on
Answered on Jan 23, 2018
William F Sulton Esq.'s answer
Municipalities issue arrest warrants when fines are not paid. That is legal in Wisconsin and many other States.

Q: Seller accepted my offer and before we closed he received a higher secondary offer. Can he sell to secondary offer?

2 Answers | Asked in Real Estate Law for Wisconsin on
Answered on Dec 24, 2017
William F Sulton Esq.'s answer
One would need to review the offer to purchase to answer your question. Sometimes offers permit sellers to select the higher offer, sometimes not.

Q: Misrepresentation

1 Answer | Asked in Consumer Law, Real Estate Law, Stockbroker Fraud and Gov & Administrative Law for Wisconsin on
Answered on Dec 1, 2017
William F Sulton Esq.'s answer
More information is needed to evaluate the facts in your inquiry. Appraisals are subjective. So it is unsurprising there are different opinions about the value of the home. This is not fraud (misrepresentation is a synonym). It may be negligence. More information is needed to see how negligent the opinion is.

Q: I made offer to purchase a home. 3 days b4 closing seller did not have heirs permission to sell

1 Answer | Asked in Real Estate Law for Wisconsin on
Answered on Nov 10, 2017
William F Sulton Esq.'s answer
Probably. One would need to review the offer to provide the most accurate advice. But it seems apparent that the seller misrepresented his or her authority.

Q: We signed an amendment after we had signed the deed transferring our home. Are we responsible to the terms of amendment?

1 Answer | Asked in Real Estate Law for Wisconsin on
Answered on Oct 5, 2017
William F Sulton Esq.'s answer
You are responsible for the amendment because you agreed to it by signing. It sounds like your agent gave you bad advice. You should consider making a claim with your agent's insurer if you are ultimately on the hook for the $16,000.

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