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Questions Answered by Jason Anthony Greller
2 Answers | Asked in Contracts and Real Estate Law for Wisconsin on
Q: The Seller is trying to change contract on purchase of home when a contract was signed and offer accepted?

I signed contract and offer was accepted for 1,000 over asking price plus 4,000 closing costs. initial closing was scheduled for june 28. Now they changed the closing to july, 20th without my approval. I paid for inspection and inspector says windows need to be replaced for the loan to go through.... Read more »

Jason Anthony Greller
Jason Anthony Greller answered on May 30, 2019

It is impossible to answer a contract question without reading the contract. That being said, generally neither party may unilaterally change the terms of the offer. In the present case, if your lender will not fund the closing without the window replacement, then the terms of the contract may... Read more »

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1 Answer | Asked in Civil Litigation and Real Estate Law for Wisconsin on
Q: We recently were going to purchase my recently passed dads home. We had it all set and 5 days before closing my

Husband changed his mind. Now the estates lawyer is coming after my husband for breach of contract. Can he do that ? Or force us to purchase

Jason Anthony Greller
Jason Anthony Greller answered on May 24, 2019

Assuming that you have no contingencies remaining in the offer that you could exercise in good faith, then a failure to close on the part of the Buyer is a default. Assuming this is a standard WI WB-11 Offer to Purchase form, if Buyer defaults, Seller may:

(1) sue for specific performance...
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1 Answer | Asked in Landlord - Tenant for Wisconsin on
Q: Can you require a tenant to leave premesis for a showing when the rented home is for sale? They are always 24hr notice.

We are selling our SFH that is currently under lease. The contract has provisions that allow us to sell at any time and give tenants a 60 day notice to vacate upon entering purchase agreement.

We are having difficulties with our tenant demanding she stay at the home durng showings;... Read more »

Jason Anthony Greller
Jason Anthony Greller answered on May 23, 2019

The answer to any lease question often depends on the terms of the specific lease. Generally, tenants are entitled to possession of the premises and the right to "quiet enjoyment" of the premises. Generally, landlords retain the right to enter the premises upon notice and that may include the... Read more »

1 Answer | Asked in Real Estate Law for Wisconsin on
Q: Any legal options when a house is sold to another for much less than I offered? This was four months apart.

I made an offer on a foreclosed home in November of 2018. The bank counter offered, then I counter offered. The bank refused that offer and pulled the home off the market. I recently discovered that the home was sold in February 2019 for $20,000 less than my initial offer. I am quite upset by this... Read more »

Jason Anthony Greller
Jason Anthony Greller answered on May 13, 2019

Generally you would not have a claim against the bank unless you believe that the bank violated federal fair housing law by discriminating against you for a prohibited reason such as your age, race, religion or family status.

2 Answers | Asked in Real Estate Law and Banking for Wisconsin on
Q: What rights does the seller's bank have in a short sale and can they make their own terms that go outside a written cont

We just closed on a house on April 26th and the seller's bank 2 hours before closing told us we needed to pay an outstanding lien or they would walk. Our closing disclosure 3 days before never said anything about paying this additional 1874.75 fee. Can we go back to the bank to get our money back?

Jason Anthony Greller
Jason Anthony Greller answered on May 6, 2019

In a short sale the seller's bank has significant leverage. Essentially, they can dictate terms to release their lien and those terms may go beyond the agreement between the buyer and seller. Your question does not provide information on the type of lien the bank wanted satisfied or why they would... Read more »

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1 Answer | Asked in Real Estate Law for Wisconsin on
Q: Hello I am looking for a lawyer who is familiar with real estate partitioning in Qzaukee county.
Jason Anthony Greller
Jason Anthony Greller answered on May 2, 2019

You might try the law firm of Levy & Levy - a link to their website follows: http://levyandlevy.com/index.shtml

1 Answer | Asked in Real Estate Law for Wisconsin on
Q: Is an email a binding contract or commitment to purchase in terms of real estate?

We wanted to purchase a small portion of an empty lot next to our house. The contractor agreed on a price with us and then nothing happened for two years. The contractor did a survey recently - not based on the portion of land we wanted to purchase. We resurrected the idea of purchasing again... Read more »

Jason Anthony Greller
Jason Anthony Greller answered on Apr 30, 2019

Agreements to purchase real property in Wisconsin must conform to the requirements of Section 706.02 of the Wisconsin Statutes. That section sets forth the formal requisites for a sales contract or conveyance. Section 706.02(d) requires that the agreement be signed by all parties so email messages... Read more »

2 Answers | Asked in Landlord - Tenant, Real Estate Law and Contracts for Wisconsin on
Q: My landlord wants me to pay for professional carpet cleaning, despite not clarified in lease agreement. What do I do?

My landlord just sent us a letter saying that we need to have a carpets professionally cleaned before moving out. However, the lease does not mention the house needing to be professionally cleaned whatsoever. The most it mentions regarding carpets is that it should be "cleaned". And before I signed... Read more »

Jason Anthony Greller
Jason Anthony Greller answered on Apr 22, 2019

Both are true. Landlords cannot deduct this cost from security deposits and may seek to recover the costs through billing or an action to recover the cost.

Under Wis Admin Code ATCP 134.06(3)(c) landlords cannot withhold from a tenant's security deposit for normal "wear & tear" even if...
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1 Answer | Asked in Landlord - Tenant for Wisconsin on
Q: Can my landlord charge me for carpet cleaning? What about replacement if the carpet is 10 years or older?

I am currently under the impression that due to Act 10 in 2011, there is a provision that specifically prohibits these types of charges, however, I've been unable to find it while searching.

Jason Anthony Greller
Jason Anthony Greller answered on Mar 24, 2019

Under Wis Admin Code ATCP 134.06(3)(c) landlords cannot withhold from a tenant's security deposit for normal "wear & tear" even if included in a nonstandard rental provision. This means that a landlord cannot automatically deduct the cost of routine carpet cleaning from a tenant's security deposit... Read more »

1 Answer | Asked in Landlord - Tenant for Wisconsin on
Q: I own a duplex and live in one side. My tenants are not paying their utilities bill. What can I do?

The lease my tenants signed indicates that they have to pay for utilities and cable. We are located in Wisconsin.

Jason Anthony Greller
Jason Anthony Greller answered on Mar 18, 2019

If the lease specifies that the tenant is responsible for the payment of utilities, then their failure to pay the utilities is a breach of the lease. Depending on the lease type, you could then deliver to them a Notice to cure their breach. If they failed to cure, within the allotted time, then you... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Wisconsin on
Q: Signed 1 year lease. 3 months later property is sold to new landowner who now wants a new lease signed. Is this legal?

The new lease has many things changed.

Jason Anthony Greller
Jason Anthony Greller answered on Feb 6, 2019

Generally, the lease from the prior owner is assigned to the new owner. The old lease remains in force through its original term. The new landlord may seek to obtain a new lease to replace the old lease but you do not have to agree to the terms. Of course, the landlord might choose to not renew... Read more »

1 Answer | Asked in Real Estate Law for Wisconsin on
Q: Are there transfer fees involved when you quit claim property from an LLC to the sole owner of the LLC?

I received a letter from the state asking why a transfer fee exemption was used. I quit claimed the property myself and am not sure what they are referring to?

Jason Anthony Greller
Jason Anthony Greller answered on Jan 22, 2019

Generally transfers between an LLC and the sole member of the LLC are exempt from the Wisconsin Real Estate Transfer Fee. Section 77.25 (15s) of the Wisconsin Statutes governs and states that the transfer fee does not apply to a conveyance ....... Between a limited liability company and one or... Read more »

1 Answer | Asked in Landlord - Tenant for Wisconsin on
Q: I slipped on icy steps on my landlord property can i make him pay my medical bill and lost wages
Jason Anthony Greller
Jason Anthony Greller answered on Jan 17, 2019

This question is really better suited to a personal injury attorney than to a real estate or landlord/tenant attorney.

Your lease probably does not oblige the landlord to pay medical bills for injuries occurring on the property.

However, if your landlord is charged under the lease...
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1 Answer | Asked in Real Estate Law for Wisconsin on
Q: When an easement created in 1970 expire without re-record?
Jason Anthony Greller
Jason Anthony Greller answered on Dec 7, 2018

Assuming the easement was originally recorded, the answer depends on the easement. If the easement "run with the land," then the easement binds the heirs and successors of the individual parcel owners. In other words, the easement continues to be binding without re-recording. If, on the other hand,... Read more »

1 Answer | Asked in Real Estate Law for Wisconsin on
Q: Can I have parking space in ingress/egress area where the potential parking space not obstruct ingress/egress route?

I am a commercial property owner and we have ingress/egress easement with neighbor to let them use an area within our property for ingress/egress. There are unofficial parking spaces in that area which have no impact on their ingress/egress. The city wouldn't allow me to use the parking space as... Read more »

Jason Anthony Greller
Jason Anthony Greller answered on Dec 7, 2018

The answer will depend on the language of the easement. Generally, easements for ingress/egress prohibit either party from blocking any portion of the easement area,regardless of whether or not the parking blocks actual access. The underlying argument is that neither the dominant or subservient... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Wisconsin on
Q: Is there a statute of limitations on when you can sue someone? Its been over 10 years since the judgement.

I was evicted over 10 years ago and now the management company is trying to sue me for $5500. Can they still do this? The judgement was entered on Feb. 28 2008.

Jason Anthony Greller
Jason Anthony Greller answered on Dec 3, 2018

Statutes of limitations vary based on the type of claim. In Wisconsin, there is a 6 year statute of limitations on commencing contract actions. If the creditor took a judgment, then that judgment becomes a lien on the property of the defendant for a period of 10 years. Even though the lien on... Read more »

1 Answer | Asked in Real Estate Law and Probate for Wisconsin on
Q: Deed stolen to deceased relative home. Hear they are putting their name on deed. What are our options?

Person has deed and abstract to house- without permission. They are not related or family. They are telling people they are getting the house. Children living did not okay this. Home owner has been deceased for 8 years. What can we do to make sure this doesn’t happen?

Jason Anthony Greller
Jason Anthony Greller answered on Dec 2, 2018

The value in a deed is in the recording of the deed - not the possession of the deed. You just can't write your name on a recorded deed and take the property. Assuming the deed was properly recorded, the only way to change title is to record a new deed. If any subsequent deed is fraudulent it could... Read more »

1 Answer | Asked in Real Estate Law for Wisconsin on
Q: What is the fee for using a real estate lawyer for closing on a house with no realtor?
Jason Anthony Greller
Jason Anthony Greller answered on Nov 30, 2018

The fee will vary based on the individual attorney, their experience, the scope of the representation and the county in which the attorney is located.

In Dane County - flat fee attorneys will assist from start to finish for fees ranging from as low as $500 to $900. In most cases you get...
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1 Answer | Asked in Landlord - Tenant for Wisconsin on
Q: How long does a landlord has after judgement been issued for him to return the deposit and prorated rent to me?

I moved out of this house in August 17, 2018. It wasn't until today in court November 27, 2018 where the court found him (the defendent) to pay back my deposit and prorated rent. This included expenses I occurred during this time in August. In my narrative statement. I also requested $3000 in... Read more »

Jason Anthony Greller
Jason Anthony Greller answered on Nov 28, 2018

Landlord has a certain amount of time to appeal the judgment. Assuming he does not appeal you may then try to collect on the judgment. The Wisconsin Court System publishes a pamphlet on the Basic Steps in Collecting on a Judgment for Money. A link to that overview is located at... Read more »

1 Answer | Asked in Real Estate Law for Wisconsin on
Q: Can a person legally ask for money back that they gave, as a gift, to another. No contracts or promisary notes signed.

Roommate gives partner, not related or married, money via checks, that partner uses, along with partners money, to build a house. Checks were made out to partner and no promissory note or repayment plan agreed to.

Roommate moves out of the house they built but now wants partner to give back... Read more »

Jason Anthony Greller
Jason Anthony Greller answered on Nov 16, 2018

It is not uncommon for people to argue about whether money was given in exchange for a promise to repay or whether the money was given as a gift. A promise to repay does not have to be in writing so this becomes an issue of fact to determine at trial (assuming a contesting proceeding ensues).... Read more »

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