Get free answers to your Real Estate Law legal questions from lawyers in your area.
Seller accepted offer to bump our offer, which gives us 72 hrs to remove our contingencies per the original accepted offer. We have removed our contingencies and sent back this information, seller refusing to acknowledge although seller's agent has acknowledged. We have met all of the agreed... View More 
answered on Feb 22, 2020
Assuming the offer provided that the bump clause could be waived by the buyer within the 72 hours and assuming that you provided the proper and timely notice of waiver along with any required supporting documentation per the terms of the offer, then you could enforce the offer. If seller will not... View More
Our attorney received a title in 2007 directly from another attorney and never gave it to us. He now says he no longer has the file.
answered on Jan 14, 2020
Since you asked the question under the heading of real estate law, I presume that the "title" is a deed conveying an interest in a parcel of real estate. Lawyers are not required to keep files indefinitely. The best practice for lawyers is to set forth their file retention policy in... View More
They called it a "closing cost". I had offered to pay up to a certain amount of closing costs. What now? This is part of the cost of buyer getting a mortgage.
answered on Jan 12, 2020
If the terms of the offer says the Buyer is responsible for the appraisal fee, then the Buyer should pay this cost. You should examine the offer to purchase carefully to be sure this is indeed what it says. It is possible the title company made a mistake in charging this amount to you instead of... View More
He piled all the barbed wire on my property. He asked my logger to cut my trees that he claims on my property.
answered on Jan 6, 2020
You would have a claim against your neighbor for trespass and damages for removal of the fence if it was on your property. There may be additional damages for removal of trees.
The first step in these claims is usually to clearly identify the lot line through a survey that locates the... View More
Our builder just verified with the village that there is no sewer available and we will need a septic, Can I sue the seller to cover the cost of a perk test and septic system?
answered on Dec 12, 2019
Check the Vacant Land Disclosure Report provided to you by the Seller and see if they listed sewer and septic available in the Seller's Vacant Land Disclosure Report. It should be listed on page 5, under item F(6) of the new Vacant Land Disclosure Report that went into use last year. If they... View More
answered on Dec 4, 2019
You should speak with an attorney who can examine the deed and help you file a form with the Register of Deeds that will remove your husband's name from the title, if the title was held as joint tenants with rights of survivorship, or as husband and wife as survivorship marital property. If... View More
Buying house, he is on the loan and I am not. The bank just said I cannot be put on the title because we are not married? Is this law or policy? Thank you!
answered on Dec 4, 2019
If two parties are not legally married, I do not recommend jointly owning property with someone who is also not liable for the mortgage on the property. Once you are married, your husband can add you to the title, if he wishes via deed. In Wisconsin we have a special form of ownership where married... View More
The company timbering the line trees has cut about half an acre of our pine trees (roughly 150 pines) even though the trees and boundaries were clearly marked. After speaking with the owner and setting up a day to discuss this, he knowingly sent his workers back on our property to collect all the... View More
answered on Dec 1, 2019
Hello, I am sorry to hear this happened to you. You posted in the Real Estate Law forum for Wisconsin. It is possible that you live in Wisconsin, however if this property damage occurred in Carrol County, Virginia, you are going to need to find a lawyer licensed in Virginia to help you. I suggest... View More
If I hadn't been able to pay my property taxes for 8 yrs (and assuming they haven't foreclosed), at $1,100 a yr, what would the total bill be at the end of 8 years, with interest at 1% a month and 12% a year, in Vernon County WI.?
Is it really necessary to hire a real estate attorney to title the property in our name or can we just contact the clerk and have it done on our own? The title is clean and the property has been in the family for 43 years.
answered on Nov 20, 2019
The trust will determine what happens once your parents passed. You should contact an attorney to help you liquidate the trust, if that is what the document requires.
What right does the seller still have? Recently we rejected an amendment, buyer is now threatening court, closing, or cash to end this problem. I would like to know what we can do legally.
answered on Oct 22, 2019
In general, a Seller has no legal obligation to accept an amendment the Buyer may offer, after the terms of the Offer to Purchase have been agreed to. The Seller's obligation is only the terms of the original Offer to Purchase signed by both parties. The Buyer may have other legal remedies... View More
In-laws put home in life estate to two sons about 10 years ago. Mom has passed, dad has been in nursing home for a year and will never be able to live on his own again. Husband wants to sell his half of the home to his brother. We need the easiest way to do this, without a realtor if possible.
answered on Oct 15, 2019
Yes, you may transfer an interest with a quit claim deed although that might not be the safest way to handle this matter.
Anytime someone is paying money for an interest in property they are well advised to obtain a Warranty Deed and a title insurance policy - even in transactions between... View More
We closed on the sale of our home but we never received any copies of the documents we signed at closing. The title company is ignoring our request. Can they do that?
answered on Oct 10, 2019
I've never heard of a title company not providing copies of signed documents to the Seller. You are entitled to a copy of every document that you signed. You are not entitled to a copy of loan documents signed by Buyer.
He has stopped paying the mortgage and is a month behind, how do I legally obtain my house back? I am also the main borrower on the house loan, but both of our names are on the deed. He also stopped paying his half of the loan payments.
answered on Oct 7, 2019
You most definitely need a lawyer.
If you also own the house, I cannot understand how he FORCED you out
The down payment has been made and the sale was contingent on sewer and well, and we no longer want it
answered on Sep 22, 2019
The answer to any contract question requires a review of the contract.
Assuming that well and septic contingencies are included in the offer then your rights are set forth under the contingencies. If the contingencies grant the Seller the "right to cure", then the Seller may cure... View More
Can a lien be placed on my property because of his bad debt? He is not on the mortgage.
answered on Sep 3, 2019
If he has bad credit, that could effectively "infect" your ownership of the house, to a point where someone who has a judgment as against him, could effectively execute on the judgment and force the sale of the house. So think about this carefully first. Also, once he is added to the... View More
Can he write a will to do so or would we need to transfer the deed?
answered on Aug 29, 2019
Is your father currently living in Wisconsin or in Puerto Rico? If he is living in Wisconsin, he can execute a Will that leaves the land to you at death. However, upon his death, this will require you to open two probates, one in Wisconsin for his Wisconsin property and a probate action in Puerto... View More
What is the fine or jail time per occurrence? Is it a felony?
answered on Aug 21, 2019
Wis. Stat. 452.17 provides the penalties for selling real estate without a license and reads as follows:
452.17 Penalties.
(1) Any person who engages in or follows the business or occupation of, or advertises or holds himself or herself out as or acts temporarily or otherwise... View More
Wisconsin lot with home.
answered on Aug 14, 2019
In Wisconsin, any permanent structure on the land is included with the deed to the ground beneath it. The only exceptions I know of are mobile homes, where a separate title may be issued for the mobile home by the Department of Safety and Professional Services. It depends on whether the mobile home... View More
Are the Realtor and/or WI Title Comp supposed to inform seller with details of all closing costs? In my case, my specific closing cost questions weren’t answered.
answered on Jul 10, 2019
Your obligation to provide title insurance to the Buyer comes from a standard provision in the Offer to Purchase requiring Seller to provide evidence of title to the Buyer in the form of a title insurance policy. If you were working with a listing agent I agree that it seems reasonable to expect... View More
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