Lawyers, Answer Questions  & Get Points Log In
Wisconsin Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Wisconsin on
Q: I signed an apartment lease in WI, 4 days later I called the leasing office to cancel it. Do I have to pay the rent?

I never moved in, I called to cancel it before my moving date. But they said I'm liable to pay the rent until someone re-rents. But they rented two same units, same price, and same style, not mine. What happens if I stop making payments?

Thanks in advance

Jason Anthony Greller
Jason Anthony Greller answered on Mar 30, 2020

Assuming that the lease is enforceable, which may only be determined after review by a qualified attorney, you may be liable for the full contract amount. The landlord is under a duty to mitigate damages and to work to re-rent the unit. That duty does not necessarily mean that the landlord has to... Read more »

1 Answer | Asked in Real Estate Law for Wisconsin on
Q: In WI my husband and I were planning to purchase a condo. With COVID 19 we want to back out. Can we get earnest money
Jason Anthony Greller
Jason Anthony Greller answered on Mar 29, 2020

Your rights and obligations under the contract can only be determined after reviewing the entire offer. Generally, a buyer may only use a valid contingency to terminate an offer. Simply deciding that the market conditions are no longer ideal to move forward is not typically a valid reason to... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Wisconsin on
Q: My lease expires Feb 28th this year I gave my notice Feb 11th that I would be out march 25th but they are saying I will

Be responsible for April's rent I was paying 570 and they upped it to 645 this month so I thought that being month to month you only had to give 30 days notice ?plz help me

Jason Anthony Greller
Jason Anthony Greller answered on Mar 5, 2020

For a month to month lease you have to give 28 days notice before the beginning of the next rental period unless the lease has a different notice provision. See Section 704.19 below:

704.19  Notice necessary to terminate periodic tenancies and tenancies at will.

704.19(1)(1) ...
Read more »

1 Answer | Asked in Real Estate Law for Wisconsin on
Q: I am not on the title of our property even both me and my husband has signed the purchase contract as buyers.

I have just found out I am not on the title of our property and the warranty deed was transfered only to my husband, even both my and my husbands name are on the purchase contract as buyers and both me and my husband has signed all the purchase documents. The mortgage is only on my husbands name... Read more »

Jason Anthony Greller
Jason Anthony Greller answered on Feb 29, 2020

I can only speculate as to why you were not included on the title though I suspect it has to do with the loan though there would have been a way to include you on the title and the mortgage and not on the underlying note. Regardless, you are now in the position where you are not on the title. The... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Wisconsin on
Q: Seller did not record easement as stated in the signed offer to purchase contract, Now sold his house. Do I lose rights?

My "residential offer to purchase" agrees to ingress egress easement from neighbor owner for parking. "seller shall deliver a written assessment in recordable form". Seller owned both homes at the time. 10yrs using easement access, the seller never recorded the easement and just sold the house. The... Read more »

Thomas B. Burton
Thomas B. Burton answered on Feb 28, 2020

I am sorry to hear about this situation. Did the seller ever deliver the written assessment to you in recordable form? If so, it sounds like it may have been your responsibility to record it as the new buyer. Does the offer to purchase explicitly state who is supposed to record the easement? I... Read more »

1 Answer | Asked in Real Estate Law for Wisconsin on
Q: I inherited a one third share of some property when my dad passed away and would like to sell.

I've contacted the other owners asking them to purchase my share. I've gotten no response. What are my options?

Jason Anthony Greller
Jason Anthony Greller answered on Feb 25, 2020

Your options are:

1) one or both of the other owners agree to purchase your interest;

2) all the owners agree to sell the property;

3) you find an outside party willing to purchase your 1/3 interest in the property;

4) you commence an action in partition asking for...
Read more »

1 Answer | Asked in Contracts and Real Estate Law for Wisconsin on
Q: Purchasing in Wisconsin- Seller accepted offer to bump our offer

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 upon... Read more »

Jason Anthony Greller
Jason Anthony Greller 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... Read more »

2 Answers | Asked in Consumer Law, Contracts and Real Estate Law for Wisconsin on
Q: Who's responsible for the repairs after a home has been closed? How many days do you have to cancel the sale of a home ?
Vincent Gallo
Vincent Gallo answered on Feb 22, 2020

In New York? None unless possibly bringing an equitable action based on fraud and concealment. I wouldn’t count on it.

View More Answers

2 Answers | Asked in Contracts and Real Estate Law for Wisconsin on
Q: I currently have a valid registered land contract for a house with one person.

But found out there’s a lien on the house with someone else. The person with the lien passed away recently. If I end up paying for the house who does the money go to? Or should I keep paying my land contract and he pays of the lien ?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Feb 15, 2020

Land can be sold with liens attached to it. And whatever tax liens there are on the land will have to be satisfied before you or anyone else receives the deed.

View More Answers

3 Answers | Asked in Real Estate Law for Wisconsin on
Q: Do attorneys have to keep your files for a certain amount of time? What if they had something they never gave you?

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.

Sarah Lynn Ruffi
Sarah Lynn Ruffi 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 their... Read more »

View More Answers

1 Answer | Asked in Real Estate Law for Wisconsin on
Q: The offer says buyer to pay appraisal fee. Title company made me, the seller, pay it at closing

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.

Thomas B. Burton
Thomas B. Burton 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... Read more »

2 Answers | Asked in Real Estate Law for Wisconsin on
Q: Have Neighbor that took out line fence on property without my knowledge, now claims 20ft of my property.

He piled all the barbed wire on my property. He asked my logger to cut my trees that he claims on my property.

Brian R. Zimmerman
Brian R. Zimmerman 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...
Read more »

View More Answers

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Wisconsin on
Q: I recently purchased a plot of land. It was listed with electric / sewer and lateral into lot.

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?

Thomas B. Burton
Thomas B. Burton 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 listed... Read more »

1 Answer | Asked in Real Estate Law for Wisconsin on
Q: My husband has passed away, and both our names are on the mortgage. What do I have to do next?
Thomas B. Burton
Thomas B. Burton 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 you... Read more »

1 Answer | Asked in Banking, Contracts, Consumer Law and Real Estate Law for Wisconsin on
Q: Home purchase: Can another person/name be added to title at closing?

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!

Thomas B. Burton
Thomas B. Burton 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... Read more »

1 Answer | Asked in Real Estate Law for Wisconsin on
Q: The landowner beside of us is having their pines timbered and the workers cut about half an acre of our pines and has

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... Read more »

Thomas B. Burton
Thomas B. Burton 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... Read more »

2 Answers | Asked in Foreclosure, Real Estate Law, Tax Law and Municipal Law for Wisconsin on
Q: What would total be on property tax bill w/interest for 8 yrs. on 11hundred a yr not paid (1% mo 12% yr) Vernon Cty, WI

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.?

D. Mathew Blackburn
D. Mathew Blackburn answered on Nov 24, 2019

calculator.com

View More Answers

2 Answers | Asked in Real Estate Law for Wisconsin on
Q: My Brother and I inherited my parent's cottage in Northern Wisconsin via an irrevocable trust.

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.

Sarah Lynn Ruffi
Sarah Lynn Ruffi 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.

View More Answers

1 Answer | Asked in Real Estate Law for Wisconsin on
Q: When the seller rejects an amendment, what happens?

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.

Thomas B. Burton
Thomas B. Burton 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 based on... Read more »

2 Answers | Asked in Real Estate Law for Wisconsin on
Q: Can you transfer your half ownership in a house to the other half owner with a quit claim deed or a title transfer?

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.

Jason Anthony Greller
Jason Anthony Greller 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...
Read more »

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.