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Wisconsin Real Estate Law Questions & Answers
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...
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1 Answer | Asked in Real Estate Law for Wisconsin on
Q: Is a title company required to provide copies of the signed closing documents to the seller?

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?

Jason Anthony Greller
Jason Anthony Greller 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.

1 Answer | Asked in Civil Rights and Real Estate Law for Wisconsin on
Q: have house with ex boyfriend, both names on the house and deed, forced me out six months ago, legal advice get house

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.

Gary Kollin
Gary Kollin 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

2 Answers | Asked in Real Estate Law for Wisconsin on
Q: Am I obligated to purchase a property if it fails sewer and well inspection even if they agree to fix it?

The down payment has been made and the sale was contingent on sewer and well, and we no longer want it

Jason Anthony Greller
Jason Anthony Greller 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 the...
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2 Answers | Asked in Real Estate Law and Products Liability for Wisconsin on
Q: I own a house in Oconto County, WI. I want to add my fiance to the deed. He has bad credit. Ramifications?

Can a lien be placed on my property because of his bad debt? He is not on the mortgage.

Vincent Gallo
Vincent Gallo 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 Deed, he's... Read more »

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1 Answer | Asked in Real Estate Law for Wisconsin on
Q: My father owns land in Puerto Rico penulas. He has the deed I believe and wants to pass the land to myself and child.

Can he write a will to do so or would we need to transfer the deed?

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

1 Answer | Asked in Real Estate Law for Wisconsin on
Q: Is it a law in WI to sell others property without a real estate license and what can be the outcome if caught?

What is the fine or jail time per occurrence? Is it a felony?

Thomas B. Burton
Thomas B. Burton 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...
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1 Answer | Asked in Real Estate Law for Wisconsin on
Q: Can you separate ownership of house and land with deed and title documents? Is there another process?

Wisconsin lot with home.

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

2 Answers | Asked in Real Estate Law for Wisconsin on
Q: Can a WI Realtor force a seller to purchase title ins for new owner? Why can’t new owner purchase their own title ins?

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.

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

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1 Answer | Asked in Real Estate Law and Municipal Law for Wisconsin on
Q: Can I make the village replace my driveway from years of their snowplows turning around on it.

Even after asking them to stop they still kept turning around on my driveway. I waited as long as I could, and now it's destroyed. I want to know my rights before I go and meet with them.

Jason Anthony Greller
Jason Anthony Greller answered on Jul 9, 2019

You may be able to seek a remedy if you are able to prove that the damage was caused almost entirely from the plows and no other use or condition. That seems like a pretty high burden of proof.

2 Answers | Asked in Real Estate Law for Wisconsin on
Q: Home listing -The owner is deceased and the agent says the “kids told him they have right to sell” How do we verify.
Jason Anthony Greller
Jason Anthony Greller answered on Jun 11, 2019

Eventually the title company will insure that the sellers have the right to sell. In the interim, you could ask if they have an order from the probate court making one of the children the personal representative of the estate.

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1 Answer | Asked in Real Estate Law for Wisconsin on
Q: I have an easement driveway to my property, who is responsible for trimming tree branches?

The trees aren't mine or on my property. Tree branches are hanging over the driveway and brushing on vehicles entering & leaving my property.

Jason Anthony Greller
Jason Anthony Greller answered on Jun 8, 2019

Generally, easements indicate responsibility for maintaining the road. Arguably, tree trimming should be a part of maintaining the road an access. Check the easement language to see how maintenance responsibilities are handled.

1 Answer | Asked in Real Estate Law for Wisconsin on
Q: If a city gets a judgement on a Raise or Repair order,is it legal if they did not include the lein holder?
Jason Anthony Greller
Jason Anthony Greller answered on Jun 7, 2019

Generally, a municipality does not have to name a lien holder of a property when seeking a judgement relating to delinquencies unless they are seeking a foreclosure based on a failure to pay real estate taxes.

1 Answer | Asked in Small Claims and Real Estate Law for Wisconsin on
Q: Which WI statute protects home buyers from undisclosed issues in the condition report of their home?

The seller of my home knew of diseased trees (received a bid for multiple thousands of $$) and did not disclose them on the condition report. I'd like to read the exact real estate legislation that I'm protected by.

Jason Anthony Greller
Jason Anthony Greller answered on Jun 3, 2019

Take a look at Section 100.18

100.18  Fraudulent representations.

(1) No person, firm, corporation or association, or agent or employee thereof, with intent to sell, distribute, increase the consumption of or in any wise dispose of any real estate, merchandise, securities,...
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1 Answer | Asked in Real Estate Law for Wisconsin on
Q: How do I find the text from peterson v. feyeresien? It was printed in Wisconsin Reports 203 1930.
Jason Anthony Greller
Jason Anthony Greller answered on May 31, 2019

I'm pretty sure that cases this old are not freely available online. You can access them with a subscription. Alternatively, you can visit your County Courthouse which usually maintains a library. If in Madison, you can visit the State Law Library or the University of Wisconsin Law School. In the... Read more »

2 Answers | Asked in Contracts and Real Estate Law for Wisconsin on
Q: The Seller is trying to change contract on purchase of home when a contract was signed and offer accepted?

I signed contract and offer was accepted for 1,000 over asking price plus 4,000 closing costs. initial closing was scheduled for june 28. Now they changed the closing to july, 20th without my approval. I paid for inspection and inspector says windows need to be replaced for the loan to go through.... Read more »

Jason Anthony Greller
Jason Anthony Greller answered on May 30, 2019

It is impossible to answer a contract question without reading the contract. That being said, generally neither party may unilaterally change the terms of the offer. In the present case, if your lender will not fund the closing without the window replacement, then the terms of the contract may... Read more »

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1 Answer | Asked in Civil Litigation and Real Estate Law for Wisconsin on
Q: We recently were going to purchase my recently passed dads home. We had it all set and 5 days before closing my

Husband changed his mind. Now the estates lawyer is coming after my husband for breach of contract. Can he do that ? Or force us to purchase

Jason Anthony Greller
Jason Anthony Greller answered on May 24, 2019

Assuming that you have no contingencies remaining in the offer that you could exercise in good faith, then a failure to close on the part of the Buyer is a default. Assuming this is a standard WI WB-11 Offer to Purchase form, if Buyer defaults, Seller may:

(1) sue for specific performance...
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1 Answer | Asked in Real Estate Law for Wisconsin on
Q: Any legal options when a house is sold to another for much less than I offered? This was four months apart.

I made an offer on a foreclosed home in November of 2018. The bank counter offered, then I counter offered. The bank refused that offer and pulled the home off the market. I recently discovered that the home was sold in February 2019 for $20,000 less than my initial offer. I am quite upset by this... Read more »

Jason Anthony Greller
Jason Anthony Greller answered on May 13, 2019

Generally you would not have a claim against the bank unless you believe that the bank violated federal fair housing law by discriminating against you for a prohibited reason such as your age, race, religion or family status.

2 Answers | Asked in Real Estate Law and Banking for Wisconsin on
Q: What rights does the seller's bank have in a short sale and can they make their own terms that go outside a written cont

We just closed on a house on April 26th and the seller's bank 2 hours before closing told us we needed to pay an outstanding lien or they would walk. Our closing disclosure 3 days before never said anything about paying this additional 1874.75 fee. Can we go back to the bank to get our money back?

Jason Anthony Greller
Jason Anthony Greller answered on May 6, 2019

In a short sale the seller's bank has significant leverage. Essentially, they can dictate terms to release their lien and those terms may go beyond the agreement between the buyer and seller. Your question does not provide information on the type of lien the bank wanted satisfied or why they would... Read more »

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1 Answer | Asked in Real Estate Law for Wisconsin on
Q: Hello I am looking for a lawyer who is familiar with real estate partitioning in Qzaukee county.
Jason Anthony Greller
Jason Anthony Greller answered on May 2, 2019

You might try the law firm of Levy & Levy - a link to their website follows: http://levyandlevy.com/index.shtml

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