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Wisconsin Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Wisconsin on
Q: REAL ESTATE: How would I find an attorney familiar with the process of purchasing residential "Air Rights" in Wisconsin?

REAL ESTATE: How would I find an attorney that is familiar with the process involved in purchasing "Air Rights" in Wisconsin (specifically the City of Madison)? Although arranging in Madison to build (for commercial purposes) on top of an existing structure is not new (Urban Land... View More

Thomas Murphy
Thomas Murphy
answered on Feb 24, 2016

Based on your question, it sounds as though you might want to consider looking for a commercial real estate attorney in Madison who has experience with commercial leases, zoning, air rights, land use, and dealing with municipal entities. I am unable to refer you to any specific attorneys, but... View More

1 Answer | Asked in Real Estate Law for Wisconsin on
Q: We have a buyer who does not have an agent - is our realtor still legally entitled to 6%?? we want to keep 3%

We have a realty team that we have been quite disappointed in, and feel they have performed poorly. A buyer wrote an offer using our sellers agent to help him "fill in the blanks." We feel he should NOT be entitled to the entire 6%, since there is no buyers agent. ???

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 29, 2015

Read the contract that you signed with your agent/broker.

1 Answer | Asked in Real Estate Law for Wisconsin on
Q: ownership of personal property on recently purchased land

Recently I purchased a 40 acre parcel of vacant land in Wisconsin. There is a tree stand on it, attached to a tree, and the previous owner did not know had been erected. He thinks maybe the neighbor put it there. I do not know if the neighbor had permission to be on his land at the time the tree... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 17, 2015

I suggest that you remove it yourself. It is unlikely that you will be able to discover who put it there.

1 Answer | Asked in Real Estate Law for Wisconsin on
Q: How can I get my name off of my ex wife's mortgage?

I've been divorced since July 15, 2011. My ex wife remarried soon after that and I know she has the money to refinance the home. The problem is is she will not talk to me, the bank won't budge, and nobody has any answers except yes, you'll need to refinance the house. My credit is... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 16, 2015

You failed to tell us important information: who has the house? Assuming your ex was awarded the house in the divorce, she should have been required to refinance it.

I'm also assuming that both of you had title before the divorce, and that both signed the mortgage note and the...
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1 Answer | Asked in Real Estate Law for Wisconsin on
Q: What is the amendment process for changing the share of interests and common elements % defined in the declaration?

We have two individuals who purchased a total of three Units that were not developed in our Association and they seek a reduction on their share of expenses % outlined. They have placed deed-restrictions on the property to prevent building. I know the common share of common elements % requires... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Aug 28, 2015

You are asking this question out of a vacuum without giving us the opportunity to read all the relevant documents. Take them to a local real estate attorney who is familiar with the local home owner's associations.

1 Answer | Asked in Real Estate Law for Wisconsin on
Q: The closing date from our real estate contract has passed, and I feel that the contract is void. Is it?

Our realtor says that the seller signed an extension, but we never signed anything like that. Our read our contract, and it does not say this is allowed.

Adam Studnicki
Adam Studnicki
answered on Aug 1, 2015

When a contract is involved, it has to be reviewed in order to answer this. A local real estate lawyer can advise.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is...
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1 Answer | Asked in Real Estate Law for Wisconsin on
Q: What kind of Lawyer do I need for problems with neighbors that has caused problems with the city.

For a week now the neighbors has been causing me trouble calling the police and the city lying about what is happening with my dogs. They are calling me a puppy mill ( I have 5 puppies), saying I don't clean my yard. That my male has gone after them or that they HAD to hide in their house... View More

Thomas Murphy
Thomas Murphy
answered on Feb 24, 2016

Your ideal attorney would have experience in real estate, landlord-tenant, municipal, nuisance, and animal law.

1 Answer | Asked in Real Estate Law for Wisconsin on
Q: FSBO and buyers agent

We are selling our house FSBO. What if the buyer comes through with an agent and they make an offer to purchase. Our we obligated under the law to pay the buyers agent any money?

Charles Snyderman
Charles Snyderman
answered on Jun 24, 2014

In most cases, before the agent brings the buyer to a FSBO seller, the agent will say something like: "If I bring you a buyer and it results in a deal, will you pay me a commission of $ ____?" If the seller says no, the agent doesn't introduce the buyer to the seller and there's no sale.

1 Answer | Asked in Real Estate Law for Wisconsin on
Q: How long after a real estate contract runs out, can you sell by owner without penalty?
Charles Snyderman
Charles Snyderman
answered on Dec 22, 2013

When you say "real estate contract" are you referring to a listing agreement with a realtor, or are you referring to a contract between a buyer and seller?

1 Answer | Asked in Real Estate Law for Wisconsin on
Q: Offer accepted subject to inspection, failed inspection, new offer seller repair. Seller dies before accepting

Seller had a court appointed representative. This person claims at death they cannot represent the seller any more. The second offer for the seller to repair has a ten day expiration date. The seller has no will and no one has been assigned to represent the estate. Is the offer null and void after... View More

Maxwell Charles Livingston
Maxwell Charles Livingston
answered on Feb 28, 2013

Great questions! Technically, you could argue that the 10 day period to cure/repair has expired - meaning that you can walk away free and clear. The counter-argument may be "extenuating circumstances". But, I believe you would have a strong point that in fact has expired - meaning you can... View More

1 Answer | Asked in Real Estate Law for Wisconsin on
Q: I have a park model at a WI seasonal campground for sale. Is it legal for the owner to get a percentage of the sale?
Maxwell Charles Livingston
Maxwell Charles Livingston
answered on Jun 26, 2012

On these facts, yes. Please provide more information, so I can be of utmost utility. You can email to initiate further correspondence.

All the best.

1 Answer | Asked in Real Estate Law for Wisconsin on
Q: Hi I have been with the same man for 23yrs we are not married. I own a house it's paid for Does he collect money if sold
Maxwell Charles Livingston
Maxwell Charles Livingston
answered on May 22, 2012

Wisconsin allows cohabitation, but there is no common law marriage in Wisconsin. What does that mean, you might ask. Well, in the state of Wisconsin, unless you are married, there is no community property right to half. Hence, division of property is based solely on implied or express contract;... View More

1 Answer | Asked in Real Estate Law for Wisconsin on
Q: My wife passed away and our house mortgage was in her name and I also signed but now bank of america is foreclosing and

I found out that they listed my name wrong on the mortgage. They have filed suit against me as I co-signed but can they do that with the name wrong on the origional papers. Or can I ask to have this suit dismissed because I am not the person listed on the note? this happthe suit was filed after I... View More

Nick Passe
Nick Passe
answered on Apr 23, 2012

I highly doubt any judge would dismiss the case on the technicality you describe. Besides, one of the documents you probably signed when you took out the mortgage will obligate you to assist with correcting small scriveners' errors like the one you describe. Did the bank take a deficiency... View More

1 Answer | Asked in Real Estate Law for Wisconsin on
Q: CAN I AMEND AN AFFIDAVIT OF TRANSFER OF PROPERTY IN WI THAT'S I'VE ALREADY SUBMITTED IF I'VE RECEIVED ADDITIONAL CHECKS?
Maxwell Charles Livingston
Maxwell Charles Livingston
answered on May 11, 2012

811.04? Amendment to affidavit. The affidavit required by s. 811.03 may be amended at any time before the trial by the substitution of a new affidavit containing allegations of facts existing at the time of making the former affidavit.

1 Answer | Asked in Real Estate Law for Wisconsin on
Q: What are the rules for a short sale in wisconsin or where can i find the rules?
Maxwell Charles Livingston
Maxwell Charles Livingston
answered on May 11, 2012

Of course the state rules for negotiating short sales are quite expansive. Hence, I won't discuss all of them here. Instead, please refer to the following link (Wisconsin Statutes section 846): http://docs.legis.wisconsin.gov/statutes/statutes/846#JUMPDEST_ch.%20846

1 Answer | Asked in Real Estate Law for Wisconsin on
Q: It sold at the sheriff sale. I was moving over holidays went to visit family came back, locks changed missing items help

My house sold in sheriff sale. I was in the proccess of moving over the holidays when I went to visit family. When I returned to finish moving the locks had been changed.I wasn't served a evection notice, and there was a foreclosure and evection moratorium for the holidays. I am still paying... View More

Maxwell Charles Livingston
Maxwell Charles Livingston
answered on May 11, 2012

You have a right to notice before foreclosure. If notice was not given, the agent converted your property (meaning you would have a right to the property or its full market value).

1 Answer | Asked in Real Estate Law for Wisconsin on
Q: What is a forensic loan audit, who can do one, and how much should it cost? (Citi foreclosed during a mortgage mod)

I was refinanced by a banker I had used before, kinda screwed unknowingly into a balloon mortgage, mortgage sold to ABN AMRO, then they were bought by Citi. I was sick, they offered a modification, that was a nightmare and they foreclosed on me while it was in process after telling me to ignore the... View More

Maxwell Charles Livingston
Maxwell Charles Livingston
answered on May 11, 2012

I am so sorry to hear that. If you give me more information, I can try to help.

1 Answer | Asked in Real Estate Law for Wisconsin on
Q: Q: We our part of a 4 unit condo association. One unit owner passed away and the unit is being foreclosed upon.

Q: We our part of a 4 unit condo association. One unit owner passed away and the unit is being foreclosed upon.

Asked from Cedarburg, WI, USA 0 seconds ago

Can we put a lein on the unit for past condo dues? The unit owes 10 months of dues. It is being sold at the sherrif's... View More

Maxwell Charles Livingston
Maxwell Charles Livingston
answered on May 11, 2012

According to Interlaken Service Corp. v. Interlaken Condominum Ass'n, Inc., you can put a lis pendens (pending action) on each unit owner, holding each equally responsible. 222 Wis.2d 299 (Wis. App., 1998). This is regardless of whether they choose to "accept" responsibility.... View More

1 Answer | Asked in Real Estate Law for Wisconsin on
Q: Does ex-husband have right to a counterclaim suit on a short-sale for deficiancy balance against me if he resigned mtg?

We sold our home via short sale. I was responseable in our decree for the original loan. We refinanced the home together after the divorce was 2 years final and the decree wasn't updated to reflect the refinance. He says I am still liable for the deficiancy and wants me to pay it off. Am I?... View More

Maxwell Charles Livingston
Maxwell Charles Livingston
answered on May 11, 2012

I will need more information to properly analyze. What are the details of the new note signed after the divorce? What was your part in that? And, what were the details of the court costs? You can contact me with further information.

1 Answer | Asked in Real Estate Law for Wisconsin on
Q: What is the time period, statute of limitations, to build on Unit property land-Condominium Association.

In July 1993 a Condominium Declaration was granted. The declarant had 6-units. Within 3-months from the time the declaration was granted, declarant sold 3-units (Unit 2, 3, 4). The declarant maintained ownership of 3-units; 2-units (Unit 5 & Unit 1) had buildings (cottage houses) on them and... View More

Nick Passe
Nick Passe
answered on Feb 10, 2012

You will want to speak to an attorney familiar with real estate law and show him/her all the condominium documents. This is a very fact-specific question.

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