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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... View More
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.
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... View More
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... View More
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... View More
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?
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.
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... View More
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.
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.... View More
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.
answered on Sep 6, 2017
This is a link to Chapter 178 of the Wisconsin Statutes: https://docs.legis.wisconsin.gov/statutes/statutes/178.
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!
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.
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... View More
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... View More
answered on Jul 31, 2017
Yes: as long as all of the parties to the agreement agree.
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?... View More
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... View More
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... View More
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... View More
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... View More
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.
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... View More
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.
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.
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... View More
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... View More
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... View More
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.
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... View More
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... View More
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... View More
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
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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