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Questions Answered by William F Sulton Esq.
1 Answer | Asked in Civil Rights for Wisconsin on
Q: Hi there I feel I was wrongfully issued a trespassing ticket.

I was in a bowling alley around 9 p'cl9ck and asked to leave in a shouting violent matter by the female bartender. I left immediately and an officer was outside on the premises. I told him I was never asked to not come in there, in fact the manager told me I was welcome for food. I was issued a... Read more »

William F Sulton Esq.
William F Sulton Esq. answered on Sep 17, 2019

You may file a complaint against the police department. The department should have an internal review mechanism. I will warn you, however, that that is unlikely to produce a satisfying outcome. Similarly, you can file a complaint against the bowling alley with its management. As with the police... Read more »

1 Answer | Asked in Civil Litigation and Contracts for Wisconsin on
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

im not sure what kind of lawyer i need to find

William F Sulton Esq.
William F Sulton Esq. answered on Jul 18, 2018

You need a lawyer that will file a lawsuit in small claims or regular civil court.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Libel & Slander for Wisconsin on
Q: Can a judge deny expungement due to a failed drug test during probation?

Class I Felony, Delivery of THC (party to the crime). 18 months probation. I failed 3 drug tests, one of which was my first day meeting with the probation officer, and was never revoked or had a violation hearing. At the time of sentencing I was told that expungement would be available once... Read more »

William F Sulton Esq.
William F Sulton Esq. answered on Apr 19, 2018

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... Read more »

1 Answer | Asked in Employment Discrimination for Wisconsin on
Q: I was on probation at the time I applied for employment. I was denied because of my criminal background. Is this ok.
William F Sulton Esq.
William F Sulton Esq. answered on Apr 17, 2018

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.

2 Answers | Asked in Real Estate Law and Stockbroker Fraud for Wisconsin on
Q: What do I do if sellar won't sign release of contract for home inspection failure?

Put In and had offer accepted. Walked through house again and found growths in closet ceiling and leaks in garage roof. We did not give them the earnest money because we do not have the money to fix roof and interior of house. We brought the issue to the owners attention and they admitted they knew... Read more »

William F Sulton Esq.
William F Sulton Esq. answered on Apr 6, 2018

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.

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2 Answers | Asked in Real Estate Law, Elder Law and Estate Planning for Wisconsin on
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.

Are there ways to make this purchase while protecting the mother's assets? Alternative financing? Not using a real estate broker? Do siblings need to agree to the sale?

William F Sulton Esq.
William F Sulton Esq. answered on Apr 6, 2018

Your mother can transfer the property to you at any time by signing a deed. She could also use a will or trust.

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1 Answer | Asked in Employment Law for Wisconsin on
Q: I have been suspended from my job pending an investigation but my employer will not tell me what it’s about?

They want to meet with me but they won’t tell me who I’m meeting with. I have never been suspended from a job and I’m terrified to go there without representation.

William F Sulton Esq.
William F Sulton Esq. answered on Apr 6, 2018

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... Read more »

2 Answers | Asked in Landlord - Tenant for Wisconsin on
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?

24 month lease, 17 months to go, they want their full security deposit back. I agreed because I want them out and I want to move back in.

William F Sulton Esq.
William F Sulton Esq. answered on Apr 6, 2018

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.

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1 Answer | Asked in Criminal Law and Constitutional Law for Wisconsin on
Q: Could my 4th Amendment rights have been violated?

I was pulled over for 1 mile over the speed limit, 5 mins later given a warning. Passenger asked name, gave a false one pulled out the car. Another deputy comes to the car says im throwing white powder out the window makes me get out. I told him I was not giving him permission to search nor... Read more »

William F Sulton Esq.
William F Sulton Esq. answered on Apr 6, 2018

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... Read more »

1 Answer | Asked in Real Estate Law and Divorce for Wisconsin on
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?

Cannot locate ex, already had pretrial, tried to serve ex. judge suggested I get legal advice to see if he can legally sign so i can get my ex's name off the deed

William F Sulton Esq.
William F Sulton Esq. answered on Mar 3, 2018

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.

1 Answer | Asked in Real Estate Law for Wisconsin on
Q: My condo association is holding a vote to change a specific bylaw that will financially benefit certain condo owners.

48 condos have decks, 24 do not. Current bylaws state condo owner is responsible for repair or replacement of their own decks. Now the condo owners with decks want to change the bylaw to say the association will pay the costs which will include all the non-deck owners. How can a bylaw be changed... Read more »

William F Sulton Esq.
William F Sulton Esq. answered on Feb 27, 2018

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.

1 Answer | Asked in Real Estate Law for Wisconsin on
Q: All parties signed an offer to purchase, now seller requests we sign a rescind feels price is too low - is this legal?

The realtor represents both the buyer (us) and the seller. We feel this is totally unethical and probably illegal. We have refused to sign.

William F Sulton Esq.
William F Sulton Esq. answered on Feb 24, 2018

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.

1 Answer | Asked in Civil Rights and Constitutional Law for Wisconsin on
Q: How long can the police have my phone without a warrant?

My phone was seized without a warrant on November 13th 2017 the investigating officer came into the neighboring county (where I live and work) informed me I wasn't under arrest and I could go back to work whenever. After accusing me of something I didn't do I told him I was done talking he then... Read more »

William F Sulton Esq.
William F Sulton Esq. answered on Feb 9, 2018

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.

1 Answer | Asked in Real Estate Law for Wisconsin on
Q: My siblings and I own land. I want to sell, one sibling does not and refuses to discuss. What are my options?

I have asked sibling to buy my share, however, she will not communicate with me. land is located in Wisconsin.

William F Sulton Esq.
William F Sulton Esq. answered on Feb 5, 2018

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.

2 Answers | Asked in Criminal Law, Civil Rights, Constitutional Law and Juvenile Law for Wisconsin on
Q: My 17 year old was arrested for disorderly conduct in Wisconsin. What rights do I have as a parent in this situation?

He was arrested for disorderly conduct during his high school basketball game after removing his jersey and throwing it at his coach and then yelling and swearing and punching a locker on his way to the locker room. I understand that at 17 the state of Wisconsin considers him an adult for the... Read more »

William F Sulton Esq.
William F Sulton Esq. answered on Feb 3, 2018

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.

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1 Answer | Asked in Real Estate Law for Wisconsin on
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

It worked perfectly when we moved. It was Nov and of course we were using heat. Also saying that the stove was missing the heating element, I made pies 8 days earlier. Saying freezer unusable. Buyers from "heck". They are lying. Now he said he already put in a whole new heating system and wants us... Read more »

William F Sulton Esq.
William F Sulton Esq. answered on Jan 27, 2018

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.

1 Answer | Asked in Gov & Administrative Law and Municipal Law for Wisconsin on
Q: Can a warrant for arrest be issued for a property code violation in Wisconsin?

In early 2016 unknown to me I was issued a citation (apparently mailed to me) for peeling paint on my windows. Early this month I called police for a car accident I was involved in municipality B. After running my driver's license, the police officer told me I had a warrant for my arrest due to... Read more »

William F Sulton Esq.
William F Sulton Esq. answered on Jan 23, 2018

Municipalities issue arrest warrants when fines are not paid. That is legal in Wisconsin and many other States.

2 Answers | Asked in Real Estate Law for Wisconsin on
Q: Seller accepted my offer and before we closed he received a higher secondary offer. Can he sell to secondary offer?

All contigencies were met and my loan is approved. Everything is done except the title transfer. Seller says because the contract allows him to take secondary offers he can sell to the secondary bidder.

William F Sulton Esq.
William F Sulton Esq. answered on Dec 24, 2017

One would need to review the offer to purchase to answer your question. Sometimes offers permit sellers to select the higher offer, sometimes not.

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Q: Misrepresentation

The bank ordered an appraisal of the home we purchased a few months ago and it appraised higher than the asking price. We purchased in Janesville.

We have an emergency and we needed to borrow against our homes equity and we had our home appraised. The appraisal can in much lower than we... Read more »

William F Sulton Esq.
William F Sulton Esq. answered on Dec 1, 2017

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... Read more »

1 Answer | Asked in Real Estate Law for Wisconsin on
Q: I made offer to purchase a home. 3 days b4 closing seller did not have heirs permission to sell

They asked for 2 weeks extension, I complied, they then asked for 30 days extension, I reluctantly complied again. Now that date is nearing and was just informed the seller has a court date set for 2 weeks after this latest extension date to try to get permission to sell. Can I sue to get my... Read more »

William F Sulton Esq.
William F Sulton Esq. answered on Nov 10, 2017

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.

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