Get free answers to your Real Estate Law legal questions from lawyers in your area.
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.
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... View More 
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?
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... View More
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... View More
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... View More
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).... View More
Is this an issue for the seller and might it be a future issue if/when I decide to sell?
answered on Nov 12, 2018
The Real Estate Condition Report asks whether the Seller made improvements without required permits during that Seller's period of ownership. If the Seller did not disclose this to the Buyer then the Buyer may choose to terminate the Offer prior to closing. If the Buyer discovers this after... View More
This after the realtor stated all was good with the well. The seller is pursuing their right to cure and I am told I must close on Oct 31st no matter what. I don't feel this is right. What are my options
answered on Oct 28, 2018
If your contract that you signed was appropriately modified to protect you from having to close with such an issue, then you should not close until everything is properly rectified.
After living in this house for two years and finally moving, my landlord kept most of my security deposit for not paying the sewer bill that we never received nor knew we were supposed to be responsible for. It was not on our lease however we did agree to pay for water every three months. Are we... View More
answered on Oct 26, 2018
There are a couple of issues here. Responsibility for utilities needs to be spelled out in the lease. Depending on the locality, it may be common to refer to water and sewer as parts of the same whole - particularly if they are billed together on the same invoice by the municipality. If this is the... View More
We have lived together for 4 years and the real stop shop has gotten very stressful and toxic
answered on Oct 22, 2018
In short you may have to treat your girlfriend as what we call "a tenant at will." This effectively puts you in the position of the "Landlord" seeking to end your "agreement" with you girlfriend. The Tenant Resource Center has a great post on this subject and rather... View More
In Wisconsin are Buyers required to share a copy of the inspection report with the Seller?
answered on Oct 11, 2018
Not in New York but if a purchaser wants a credit or repairs done, the report is the strongest evidence to support his or her entitlement.
Doed the landlord have the right to charge for the replacement of the entire carpet?
answered on Oct 19, 2018
You raise the relevant issue in the form of your question wherein you state that "the damages were not significant enough to replace the entire carpet." If that statement is true, then the landlord may not be entitled to withhold security deposits for this purpose. Security deposits may... View More
I sold a condo a month ago. We remodeled the condo. It is disclosed in the Disclosure. Buyer contacted us and stated that the dryer's vent doesn't vent and cause retention of moisture that cause ceiling damage. When the contractor installed the dryer, the building property manager was in... View More
answered on Oct 19, 2018
I'm surprised that the buyer's inspector did not note that the dryer was not vented. If the dryer is not vented then it should be a condenser dryer.
The issue here is whether or not you had knowledge of a condition affecting the property and failed to disclose that condition in... View More
Standard disclosure, C12 said no damage to foundation, never mentioned any wet carpets to us. 3 weeks prior there were huge storms the day after inspection was done. What rights do I have. I have 2 quotes from mason pros of $5,000 and $7,500. They need to rip out the finished basement to do the... View More
answered on Oct 19, 2018
This has been a tough year for water damage. If you can prove that the Seller knew about prior problems then you have a strong claim. Most of these claims should be brought within the first two years to preserve your various statutes of limitations. I recommend you contact Atty John Laubmeier in... View More
answered on Sep 22, 2018
Most likely GTR/E, can be either the Grantor or Grantee, based on whether or not is was the seller or buyer. The grantor is the person/entity who grants (sells) their property to another. The Grantee is the person acquiring (buying) the property. This is just an abbreviation to designate who... View More
answered on Sep 12, 2018
Examine your contract carefully to see if there are contingencies written into the contract which would allow you to legally back out of the contract. Have you talked to your real estate agent, or the seller about your desire to void the transaction? If you used the standard Offer to Purchase in... View More
There is not a month to month signed lease, just a verbal month to month agreement. The tenant has been informed by the seller numerous times that she must be out by our closing date. To the best of our knowledge she has not even begun to move yet. My question is: if the tenant is not out by... View More
answered on Sep 5, 2018
If the tenant has not vacated by the time you become the owner and take possession of the property, then you would have to ask the tenant to leave or begin eviction proceedings. Check your Offer to Purchase to see if you agreed with the Seller that they would remove the tenant by the date of... View More
We just purchased a home in February (Wisconsin) on a wooded lot. As spring and summer has brought the outdoors back to life, we have come to the disheartening realization that two giant oak trees are dead. These trees are set in to our patio and are located about 15 feet from our house. These... View More
answered on Aug 27, 2018
The seller was required to complete a Real Estate Condition Report, which covers many areas of the structure and property conditions. However, the health of trees and vegetation on the property are not included in the representations. Therefore, the sellers likely had no obligation to disclose... View More
My husband and I purchased a house yesterday. I few hours later while cleaning the kitchen, I noticed mice feces behind the fridge and that the seller left a set mouse trap and rodent poisoning under the kitchen sink. This was not something the seller disclosed to us. They checked no to everything... View More
answered on Aug 20, 2018
Check and see if your Seller used the new Real Estate Condition Report that is required after July 1, 2018. On the new report, question C5 relates to animals and pests and states "Are you aware of current or previous termite, powder post beetle, or carpenter ant infestations or defects caused... View More
answered on Aug 14, 2018
In Wisconsin, owners of real estate who occupied a property are required to complete a Real Estate Condition Report and give it to the buyer prior to the closing. Certain people are exempt from completing this report such as personal representatives, trustees, conservators, or a fiduciary appointed... View More
neighbor purchased a new spec home that was next to an empty lot in 2016. I purchased the empty lot and began construction on my home before his final-grade was done. I found it odd that his house had exposed basement windows below grade, since our lots were both very flat pre-build, but didn’t... View More
answered on Aug 8, 2018
Responsibility for the run-off will depend upon a lot of factors. Understanding your legal rights and responsibilities in this situation before it escalates further would most likely save you time, money and aggravation. A real estate lawyer will be able to advise you further.
Agreed upon in contract. Also, could the offer be terminated if the seller gave buyer an accepted offer after the date listed in the contract?
answered on Aug 8, 2018
Whether you can terminate the Offer will depend on the terms of the contingency contained in the Offer. Oftentimes there are time limits for both the Seller's compliance with the terms, and the time period in which a Buyer is permitted to terminate. Prompt review of the Offer would be best... View More
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