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Wisconsin Real Estate Law Questions & Answers
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
William F Sulton
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... View More

William F Sulton
William F Sulton
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 Real Estate Law for Wisconsin on
Q: We have accepted an offer to buy our house but can't find anywhere suitable to move. Can we get out of the contract?
Vincent Gallo
Vincent Gallo
answered on Aug 31, 2017

Accepted an offer? Meaning that you signed a contract to sell? If you made your obligation to sell contingent upon your purchasing a property then you may have an out.

1 Answer | Asked in Real Estate Law for Wisconsin on
Q: I inherited my mom's house with my 2 sisters. Can my sisters debtors come after the house?

House is in Wisconsin.

Andy Wayne Williamson
Andy Wayne Williamson
answered on Aug 7, 2017

You need to repost this question under the Wisconsin section as the house is located in that state.

1 Answer | Asked in Real Estate Law for Wisconsin on
Q: If we want out of accepted offer after inspection, can we just leave the deal? With or without the earnest money? Help!

Accepted offer. After inspection things came up from inspection (like really old, but working, furnace).

Vincent Gallo
Vincent Gallo
answered on Aug 1, 2017

A thorough examination of your contract of sale should readily be able to provide you with those answers.

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
William F Sulton
answered on Jul 31, 2017

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

1 Answer | Asked in Estate Planning and Real Estate Law for Wisconsin on
Q: In Wisconsin is it legal to sign your real estate over to a relative prior to your death?

It used to be that it had to be a number of years prior to death. But someone told me that you can not do it at all any more.

Daniel J. Krause
Daniel J. Krause
answered on Jul 20, 2017

You can sign your house over to anyone you like at any time. However, if you do this, it will affect your eligibility for Medicaid for 5 years. If you apply for Medicaid benefits (to pay for Nursing Home care, for instance) within 5 years of gifting your home (or anything else), you will incur a... View More

2 Answers | Asked in Estate Planning and Real Estate Law for Wisconsin on
Q: My mother-in-law (age 75) would like to pay off her daughter's mortgage ($110K). Loan vs Gift?

My sister-in-law collects SSI for a special needs son. If she is given the money, it will disqualify her for SSI. My mother-in-law has suggested a low or no interest loan that would be forgiven in her will. They live in Wisconsin. What are the legal issues that need to be considered.

Kenneth V Zichi
Kenneth V Zichi
answered on Jul 19, 2017

This is FAR too complex a question for anyone to provide real advice in a forum like this. You NEED to consult with a local elder law / estate planning attorney and provide an opportunity to review all documents and discuss ALL of the situation. There are gift tax implications for a no-interest... View More

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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... View More

William F Sulton
William F Sulton
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
William F Sulton
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 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... View More

William F Sulton
William F Sulton
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

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
William F Sulton
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.

1 Answer | Asked in Civil Litigation and Real Estate Law for Wisconsin on
Q: We have just bought a home in Baraboo. The contract stated the sellers would have the house professionally cleaned.

At the pre-closing walk-through, it was obvious the cleaning had not occurred. Our realtor contacted the owners and the reply to our realtor via text messsage was "This certainly isn't personal but we aren't doing one more thing and are seriously considering talking to a lawyer about... View More

William F Sulton
William F Sulton
answered on Jun 15, 2017

The short answer is yes. You can file a lawsuit to recover the cost of the cleaning. You should consider small claims court.

1 Answer | Asked in Real Estate Law for Wisconsin on
Q: I accepted on offer on my condo and the buyer wants to back out and won't pay the earnest money - what should I do?

An offer was made, I countered, they accepted. We signed the contract that included earnest money. We even did an amendment for something they left out of their offer. Now, they didn't pay the earnest money, and sent a cancellation of the contract and don't want to pay. I countered... View More

William F Sulton
William F Sulton
answered on Jun 15, 2017

You have a few options. You can sue the buyers for specific performance (that means forcing them to buy the house). You can sue the buyers for the earnest money.

You can put your house back on the market. If the selling price is less than before, you can sue the buyers for the difference...
View More

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Wisconsin on
Q: my LLC recently broke a lease with my landlord and we are being sued for unpaid rent and damages.

We didn't pay any rent because of disputes on a buildout that was done by the landlord prior to us moving into the space. we found out that the work had been done without the proper permits being obtained and no inspections being done. We were also not provided an occupancy permit upon moving... View More

William F Sulton
William F Sulton
answered on May 11, 2017

A lease is a contract. In general, non-performance entitles the other party to rescind the contract. Doing build-out work without permits is worse than non-performance, it is illegal. A party that acts unlawfully cannot come into court and ask for a legal remedy. You should consider counter-suing... View More

1 Answer | Asked in Real Estate Law for Wisconsin on
Q: About 9 years ago...our neighbor had his and our land resurveyed...according to his survey a substantial chunk (cont')

of our land was on his...At the time we were in no position financially to fight it now we are considering selling our home. is there a statute of limitations on real estate law and how come the title insurance we purchased with the house did not apply when we contacted the title company? What is... View More

William F Sulton
William F Sulton
answered on May 2, 2017

Your questions are more complicated than you probably intended. You do not have to accept the neighbor's survey. I am unable to determine, from the facts you provided, whether you signed anything waiving your right to challenge the survey. I am also unable to determine whether you made a claim... View More

1 Answer | Asked in Real Estate Law, Civil Rights and Landlord - Tenant for Wisconsin on
Q: How many days eviction notice do my roommates need to give me if I'm not on the lease?

I live in an apartment with 3 othes, 2 of which are on the lease. I am not on the lease either. I was not able to pay rent on time and now they are trying to kick me out. They are trying to give me a 3 day notice to get out. I moved in to here in January and have been paying rent and utilities as... View More

William F Sulton
William F Sulton
answered on Apr 24, 2017

You are a tenant at-will. That means that your tenancy may be terminated upon proper notice. 3 days is not proper notice. It also sounds like you are a sub-leaser. Most lease agreements prohibit sub-leasing without notice to the landlord. So the other tenants would have a difficult time suing you... View More

1 Answer | Asked in Bankruptcy and Real Estate Law for Wisconsin on
Q: can you file bankruptcy on a lien that was placed on your home, in Wisconsin? this was from a fine levied against me

this is from fine with the town from not complying with codes

Ben F Meek III
Ben F Meek III
answered on Mar 9, 2017

This is a question for a bankruptcy lawyer in your jurisdiction.

1 Answer | Asked in Real Estate Law for Wisconsin on
Q: Husband died and I own house. Want to sell it and have gotten an offer to purchase it without real estate agent. How?

I don't have a clue about selling a house. I need to sell it because I cannot afford the mortgage. What paperwork do I need to use? Do I need a lawyer? I cannot afford giving away 3-6% to a couple of agents when buyer and I have agreed on a purchase price which allows me to pay off mortgage... View More

Ben F Meek III
Ben F Meek III
answered on Mar 7, 2017

Contact some real estate lawyers in your area. Many offer free initial consultations and they may not be as expensive as you think. If you can't afford them, you don't have to hire them. You may also talk to a title company about your situation and see what they say. Title companies... View More

1 Answer | Asked in Real Estate Law for Wisconsin on
Q: After selling a Mil, Wisconsin condo, can I be held responsible for any issues such as water intrusion from window

failing appliances, heating system failure, buckling wood flooring....?

Ben F Meek III
Ben F Meek III
answered on Jan 18, 2017

Maybe. The fact that you are here asking is a bad sign. It's impossible to answer your question without seeing the documentation of your sale of the condo as well as your original purchase of the condo and other evidence, also. What did you know of these issues before the sale, and what did... View More

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