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Questions Answered by William F Sulton Esq.
1 Answer | Asked in Real Estate Law for Wisconsin on
Q: We signed an amendment after we had signed the deed transferring our home. Are we responsible to the terms of amendment?

We were reluctant to sign the document as we had already "sold" the home and transferred the title/deed. We asked if we could put a "max" on the amount we would cover (i.e. up to $2,000). Our real estate agent indicated that they buyer could still walk away if we didn't... Read more »

William F Sulton Esq.
William F Sulton Esq. answered on Oct 5, 2017

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.

1 Answer | Asked in Civil Rights and Employment Law for Wisconsin on
Q: what would be the class code for a civil motion against a former employer violating COBRA guidelines and causing $ damgs

I paid COBRA premiums for a certain period. There was a change in HR personnel. They cancelled my COBRA coverages for the prior periods. They had the insurance company charge back the clinic what they previously paid. I have documents proving what I paid and for what period. The local circuit... Read more »

William F Sulton Esq.
William F Sulton Esq. answered on Sep 28, 2017

You should use the unclassified code: 30703.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Wisconsin on
Q: How can we get out of our lease?!

We are trying to get out of our lease as we just put an offer in on a house. The landlord is refusing to work with us to get out even though we have a new tenant lined up. Also the lease states we can sublease and cant be unreasonably withheld. They are not giving us any reason why they won't... Read more »

William F Sulton Esq.
William F Sulton Esq. answered on Sep 21, 2017

If the lease states that you may sublease, then the landlord is breaching the lease. Such a breach may allow you to get out of contract altogether.

That being said, your question is really an economic one. If it is in your economic interest to break the lease you should. One consideration...
Read more »

1 Answer | Asked in Real Estate Law for Wisconsin on
Q: I have a 40 acre property with a driveway that passes over a very small portion of a neighbors land to enter the road.

We have been using the driveway for 29 years. The property owners will not sell us that small portion of property. As such, we need an easement to enter our property. We live in Wisconsin. What should be do?

William F Sulton Esq.
William F Sulton Esq. answered on Sep 13, 2017

Your instincts are correct. You need a lawyer to draw up paperwork for an easement. If the other property owners will not sign, you should consider filing a lawsuit.

1 Answer | Asked in Real Estate Law for Wisconsin on
Q: Can a seller say no to a drilled well system inspection on the property after the offer to purchase has been signed?

My father in law has an agreed offer to purchase for property in wisconsin that has 2 water well systems. His realtor striked off the inspection and didnt tell him. He wanted the wells inspected though. now the seller is saying no to the inspection. Can the seller say no and can his agent be held... Read more »

William F Sulton Esq.
William F Sulton Esq. answered on Sep 6, 2017

Your instincts are correct. The seller only has to follow the contract language. The agent would be responsible for any damages your father-in-law could prove.

1 Answer | Asked in Civil Litigation, Consumer Law and Personal Injury for Wisconsin on
Q: Hotel liability

Hello. I’m from Houston, TX and I just bought a car in Milwaukee, Wisconsin. While I was spending the night in a motel, my brand new car was damaged by the hotels shuttle bus driver.

The damage was underneath the driver's side rear bumper and I didn’t notice it until later on.... Read more »

William F Sulton Esq.
William F Sulton Esq. answered on Sep 6, 2017

You should the hotel for the name of its insurance company. You can then contact the insurer and make a claim.

1 Answer | Asked in Gov & Administrative Law, Government Contracts and Public Benefits for Wisconsin on
Q: What does the wisconsin statue 178 state?
William F Sulton Esq.
William F Sulton Esq. answered on Sep 6, 2017

This is a link to Chapter 178 of the Wisconsin Statutes: https://docs.legis.wisconsin.gov/statutes/statutes/178.

2 Answers | Asked in Business Law and Collections for Wisconsin on
Q: I am ready to send a business owner the creditor demand letter. Do I need to mail it?

This business owner owes me over $10,000. I texted him and emailed him asking him to pay me back but he just ignore me. I can mail a demand letter to him but my guess is he won't read it. I just want to start this process. How should I start? Thanks!

William F Sulton Esq.
William F Sulton Esq. answered on Sep 6, 2017

You should consider filing a lawsuit. If the contract is between two businesses, you will need to hire a lawyer because only a lawyer can represent a business in court.

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1 Answer | Asked in Employment Law for Wisconsin on
Q: I recently signed an employment contract with the anticipation of full time work. The contract has an effective date

of the signing of the contract so I assume it is in full effect even though I have not started yet. As of now they can offer 2-3 days of work a week with the hope/anticipation of 4-5 days within 3 months possibly, it is a healthcare position by the way. I have a competing offer that doesn't... Read more »

William F Sulton Esq.
William F Sulton Esq. answered on Jul 31, 2017

More information is needed to provide meaningful advice. It is often the case that breaching a contract is in one's best interest. If that is true for you, then you should breach the contract. Whether you would win in lawsuit over the breach should be of secondary consideration. I say that... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Wisconsin on
Q: If you are paying money in escrow for property taxes can the escrow holder use that money to pay mortgage money owed?
William F Sulton Esq.
William F Sulton Esq. answered on Jul 31, 2017

Yes: as long as all of the parties to the agreement agree.

1 Answer | Asked in Civil Litigation and Small Claims for Wisconsin on
Q: How do I determine which county to file a small claims judgement/garnishment in?

The defendant lives and works in Milwaukee County, but the claim event occurred in Waukesha County.

I know that the sheriff's department can't cross county lines to serve them, but is it possible to file the claim in Waukesha county, and then have a Milwaukee sheriff serve them?... Read more »

William F Sulton Esq.
William F Sulton Esq. answered on Jul 31, 2017

The lawsuit should be filed in the Circuit Court for Waukesha County; that is where the events happened. The rules on service of process are simple. You just need to have someone other than you serve the defendant(s) with authenticated copies of the summons and complaint. The Office of the Sheriff... Read more »

1 Answer | Asked in Civil Litigation and Landlord - Tenant for Wisconsin on
Q: When to file a civil judgement against someone who confessed property damage to police and is waiting prosecution?

Before vacating, our tenant broke off the inside copper pipe for our central air unit, destroying the unit. We filed a police report and he confessed to them and is waiting to be assigned to a DA. Is it better to file a civil suit now and try to get his wages garnished, or wait until after... Read more »

William F Sulton Esq.
William F Sulton Esq. answered on Jul 28, 2017

An order for restitution in a criminal case is an order requiring the criminal defendant to pay restitution to a victim. Usually, if the criminal defendant fails to pay the order is converted to a civil judgment. Filing a small claims action will likely result in a default judgment (because the... Read more »

1 Answer | Asked in Business Law for Wisconsin on
Q: Can you still sue a client that signed a contract but did not pay deposit?

I had a client hire me to photograph her engagement and wedding. She stated she'd pay deposit at the engagement shoot. After shoot Qatarshe stated she would pay from the invoice that day. She did not. I got edits done sent them her way without the ability to download yet. She asked about... Read more »

William F Sulton Esq.
William F Sulton Esq. answered on Jul 27, 2017

You may sue her for breach of contract. Among the relief you request in the lawsuit should be an injunction prohibiting her from publishing your work.

1 Answer | Asked in Real Estate Law for Wisconsin on
Q: How to get ex-girlfriend to refinance home under herself and her now husband?

My husband bought a condo with his ex-girlfriend 15 years ago and she and their kids live there with her now husband of a year. My husband wants off the mortgage, but we aren't sure how to go about that. She does not work but her husband does. Can her and her husband refinance to get my... Read more »

William F Sulton Esq.
William F Sulton Esq. answered on Jul 18, 2017

Refinancing seems to be the most prudent path; but that requires the cooperation of the other couple. Absent that cooperation the property should be sold: you may file a lawsuit to force the sale of the property.

1 Answer | Asked in Real Estate Law for Wisconsin on
Q: My realtor forgot to send the WB-41 Notice to the seller. What are my rights now?
William F Sulton Esq.
William F Sulton Esq. answered on Jul 17, 2017

Provided that you lost a buyer as a result, you may consider filing a claim against the realtor for negligence.

1 Answer | Asked in Employment Discrimination for Wisconsin on
Q: Is our company vulnerable to a gender discrimination suit?

My partners recently voted to hire a less qualified male over a much more qualified female. The vote was for a managers position that is being vacated by a male. Our wisconsin LLC has no female managers. All partners agreed the female was much more qualified. When I suggested that this might leave... Read more »

William F Sulton Esq.
William F Sulton Esq. answered on Jul 14, 2017

There is a more practical question: what is the likelihood that the female candidate will sue? Most business decisions boil down to managing risk. And in terms of litigation, businesses need to consider and weigh likelihood of a lawsuit and the likely cost of defending a lawsuit. It is probably... Read more »

1 Answer | Asked in Business Law and Consumer Law for Wisconsin on
Q: Store is closed for internet service is down. provider says they don't have enough techs. No service for days. lawsuit?

Internet provider says they may not be out until next week. I have business class internet. They keep saying they will try to get someone out right away but they never do. I keep calling every 2 hrs. I was given a ticket number for an expedited service but it hasn't happened yet. The internet... Read more »

William F Sulton Esq.
William F Sulton Esq. answered on Jul 13, 2017

The short answer is yes. The provider has breached its contract with your business and, as a result, your business is losing money. That is actionable in court.

1 Answer | Asked in Civil Litigation, White Collar Crime and Probate for Wisconsin on
Q: I was served for a civil suit down in Raleigh, NC. I live in Wisconsin, can I obtain legal services here?

What type of lawyer would best handle my defense in a civil suit? I'm being accused of altering and destroying an original will and committing fraud involving an insurance claim that I'm not in any form listed as a beneficiary. The father of my children was listed as the sole heir. We... Read more »

William F Sulton Esq.
William F Sulton Esq. answered on Jul 5, 2017

You need a lawyer that specializes in litigation.

1 Answer | Asked in Real Estate Law for Wisconsin on
Q: I am the co-owner of a property and solely maintain and pay the taxes. What recourse do I have against the other owner?

The co-owner is my brother. The property was left in both of our names. The property is an old family farm with no residents. I maintain the property myself and am the only one paying the property taxes. Ideally I'd like to be the sole owner of the property. What options do I have to take... Read more »

William F Sulton Esq.
William F Sulton Esq. answered on Jun 22, 2017

The most logical solution is for you to purchase your brother's half. More information about how the property was transferred to you and your brother is needed to provide more meaningful advice. But, in general, where siblings cannot agree on the disposition of property, courts are willing to... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Wisconsin on
Q: Quit Claim Legalities

This is regarding my elderly mothers properties she quit claimed to a manipulative boyfriend before her passing after a short cancer battle.Can the validity of quit claims be challenged if they reflect fraudulent consideration amounts that were never transacted

William F Sulton Esq.
William F Sulton Esq. answered on Jun 19, 2017

The short answer is yes. Your mother may not have had the capacity to quit claim the properties, given the cancer treatment. The value of the conveyances (what lawyers call consideration) is a significant factor. Undue influence is another theory that you may pursue.

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