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Wisconsin Contracts Questions & Answers

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 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 Contracts for Wisconsin on

Q: If I don't have the completed copy of the lease, then can I cancel it without any penalty?

I was originally going to move into summer housing July 8th, and the landlord sent me the lease to sign (didn't have a signature of the landlord). I filled out my part and sent the paper to the landlord. Afterwards, I could not contact the landlord whatsoever - Facebook, email, call, everything. I... Read more »

Bruce Alexander Minnick answered on May 21, 2019

Based upon your facts the only reason you think you have an "incomplete lease" is because your copy does not have the landlord's signature on it; is that right? If so, the answer is tough darts. As long as you signed the lease you are liable under its terms. Look at the lease and find out what the... Read more »

1 Answer | Asked in Civil Litigation and Contracts for Wisconsin on

Q: Providing false info on a small claims summons.

If person A files a summons for small claims on person B. And person A provides false of incorrect information on the summons. What actions can be taken against person A?

Thank you

Timur Akpinar answered on May 19, 2019

As a general matter, if the information is material (and not some minor and inconsequential fact or detail), it could possibly result in dismissal of the action. How it is treated by the court could be determined by the mental state of the person providing the information, in that if it is done... Read more »

1 Answer | Asked in Contracts and Estate Planning for Wisconsin on

Q: Limited power of attorney was not signed exactly as the name was printed. Will it still be valid/accepted?

The name listed at the top of the document is First, middle, last name. However, it was signed as First name, middle initial (only, not whole middle name) and last name. I also have a copy of his drivers license in his whole name, but with the signature the same as on POA: First, MI, Last name, to... Read more »

Akin Williams answered on May 6, 2019

Powers of attorney are very strictly construed.

The power of attorney you refer to, may well be rejected on the basis that there is a discrepancy in the name of the donee as it is not identical with the name stated on the Power of Attorney.

In addition to the proof of ID which you...
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2 Answers | Asked in Landlord - Tenant, Real Estate Law and Contracts for Wisconsin on

Q: My landlord wants me to pay for professional carpet cleaning, despite not clarified in lease agreement. What do I do?

My landlord just sent us a letter saying that we need to have a carpets professionally cleaned before moving out. However, the lease does not mention the house needing to be professionally cleaned whatsoever. The most it mentions regarding carpets is that it should be "cleaned". And before I signed... Read more »

Jason Anthony Greller answered on Apr 22, 2019

Both are true. Landlords cannot deduct this cost from security deposits and may seek to recover the costs through billing or an action to recover the cost.

Under Wis Admin Code ATCP 134.06(3)(c) landlords cannot withhold from a tenant's security deposit for normal "wear & tear" even if...
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1 Answer | Asked in Contracts for Wisconsin on

Q: Lease renewal, but want to move??

So, I've been with my current landlord for 9 years. We are on an annual year to year lease. I was thinking of moving when it is time to renew this year, must I give a 60 day notice even though my lease expires?

Bruce Alexander Minnick answered on Apr 5, 2019

Regardless of the term of the lease, to avoid all problems you should give the landlord whatever length of notice required by the written lease. If the lease has already expired you are a tenant at suffrage; but you still should give the landlord some reasonable notice.

2 Answers | Asked in Business Law and Contracts for Wisconsin on

Q: Can I file a complaint if a company does not disclose the “cooling off period” and inform me of my right to terminate?

Signed an advertising deal with Wisconsin based company which I am now in the process of terminating by way of paying an early termination fee. My question is since they failed to inform me of my right to terminate and no where on the contract does it state it, do I have grounds for a complaint?... Read more »

Bruce Alexander Minnick answered on Apr 4, 2019

Unfortunately, not every written contract is required to have a free "I've got second thoughts and want an early out" clause. In fact, you should be glad the contract even has an "early termination fee" clause, because that is not required everywhere either.

IMO, you are to be commended...
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1 Answer | Asked in Business Law and Contracts for Wisconsin on

Q: If contract has no stated early termination fee can the other party just make one up?

I signed contract in Ga with representative from a Wisconsin company. I am 22 and representative took me to fancy place and offered food/drinks I got caught up and signed a pretty bad deal. I will pay their early termination fee if have to but seems a little unfair. The salesperson told me that if... Read more »

Bruce Alexander Minnick answered on Apr 3, 2019

Unless you signed the contract less than a week or ten days ago the "cooling off" clause has probably expired. Claiming to have been taken advantage of because the sales guy plied you with fancy food and expensive booze while he was convincing you to sign the "bad deal" will not work. Believing... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Wisconsin on

Q: Signed 1 year lease. 3 months later property is sold to new landowner who now wants a new lease signed. Is this legal?

The new lease has many things changed.

Jason Anthony Greller answered on Feb 6, 2019

Generally, the lease from the prior owner is assigned to the new owner. The old lease remains in force through its original term. The new landlord may seek to obtain a new lease to replace the old lease but you do not have to agree to the terms. Of course, the landlord might choose to not renew... Read more »

1 Answer | Asked in Contracts and Intellectual Property for Wisconsin on

Q: I purchased a lecture on a CD set and made a transcript. Is this legal? May I gift CD sets and transcripts I've made?

I use the CD set and transcript as part of my psychological therapy. I would like to purchase additional CD sets for my therapists and also give them a copy of the transcript that I made. Is this legal?

May I purchase CD sets and present them along with a copy of the transcript to... Read more »

Griffin Klema answered on Nov 30, 2018

Preparing the transcript might be considered fair use or a derivative work. So long as you purchase as many copies as you are giving to others and using within your practice, the likelihood of a possible copyright infringement claim falls significantly. But without further information about... Read more »

1 Answer | Asked in Contracts, Landlord - Tenant and Real Estate Law for Wisconsin on

Q: can my landlord force me to pay for sewer when only water was noted on the lease?

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... Read more »

Jason Anthony Greller 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... Read more »

1 Answer | Asked in Civil Litigation and Contracts for Wisconsin on

Q: i have a company i hired to paint my home and garage. There is a lot to it, but the gist is they did not complete

im not sure what kind of lawyer i need to find

William F Sulton Esq. answered on Jul 18, 2018

You need a lawyer that will file a lawsuit in small claims or regular civil court.

1 Answer | Asked in Contracts and Landlord - Tenant for Wisconsin on

Q: I signed a lease but the copy my landlord gave me does not have my signature on it. Is this lease still valid?

I’m wondering if it is legally binding being that my copy doesn’t have my signature on it.

Sarah Lynn Ruffi answered on Apr 23, 2018

If you signed a Lease and the landlord gave you a copy of the same document, you most likely have a valid lease.

1 Answer | Asked in Civil Litigation, Contracts and Probate for Wisconsin on

Q: My stepfather died I hv power of attorney. Want to sell his van but has lean on it frm quick title loan. Do we hv to pay

This is in state of wisconsin. Need to sell van. But can not get clean title to van do we need to pay this off first. Or was this his debt?

Sarah Lynn Ruffi answered on Apr 23, 2018

The loan was your stepfather's debt, which must be paid using your stepfather's assets (i.e. the van). Since your stepfather passed away, your power of attorney is no longer valid. You probably need to file a probate and obtain Domiciliary Letters to deal with the Quick Title loan.

1 Answer | Asked in Contracts and Business Law for Wisconsin on

Q: What consitutes a valid verbal contract between a business and a potential customer?

In Sept, we got a rough estimate from a local tree trimmer to remove 3 branches from a tree overhanging our home. He was too busy for such work at the time. We agreed to wait until he was free, then we would revisit the estimate and specify the specific work we were looking at. 5 months later,... Read more »

Sarah Lynn Ruffi answered on Apr 23, 2018

Based on your facts, it does not seem that you had a contract. A contract requires a meeting of the minds (i.e. exactly what work would be done, when and the cost). As I understand your situation, you wanted 3 limbs removed, which did not include one containing a woodpecker nest. You asked to... Read more »

1 Answer | Asked in Contracts, Personal Injury, Traffic Tickets and Civil Litigation for Wisconsin on

Q: seeking counsel prior to fighting tickets and also pressing charges on a civilian for damages

there are so many different areas involved i dont know what to do. someone used me not too long ago and i got myself into a situation with traffic tickets and child restraint.... its gone into harasment, threats (veiled and transphopic). this person used my mental health shortcomings against me and... Read more »

Emmanuel Muwonge answered on Mar 16, 2018

I am sorry that you are going through what appears to be a very challenging period in your life. That said, I am also sorry that I cannot figure out what it is you really are trying to communicate and what the best approach would be in providing you with the counsel you need. That notwithstanding,... Read more »

1 Answer | Asked in Contracts and Consumer Law for Wisconsin on

Q: Can a company or business make you sign any paperwork with out fully reading it first.

They said they will tell us the main points and sign the paperwork right away and you can read the rest later after already signing the paperwork. They also said if anyone makes an ordeal over it they will take stuff away like the use of headphones and that.

Michael Edwards answered on Aug 22, 2017

You might possible have a case as this company seems to have forced you to sign under duress, but this may not be an especially strong case. It is important to understand that under normal conditions when you record your signature on the contract, you will be bound to the terms of the contract. It... Read 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 Esq. 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 Contracts and Civil Litigation for Wisconsin on

Q: Where do I find jurisdictional rules for civil court less than $5000 case.

Party is trying to dismiss case because they say the contract states that jurisdiction will be in their county (Outagamie County)

Everything occurred in Brown County. Business is located in Outagamie County. All work is in Brown County - What statues cover jurisdictional issues for Civil... Read more »

William F Sulton Esq. answered on Apr 24, 2017

Section 799 of the Wisconsin Statutes governs small claims actions. This is a link to that section: https://docs.legis.wisconsin.gov/statutes/statutes/799.

2 Answers | Asked in Contracts for Wisconsin on

Q: do we need a lawyer to read wisconsin contract before signing? what is the charge to do so?

Charles Snyderman answered on Aug 2, 2014

The easiest way to get an answer would be to call a local attorney's office and ask what they charge.

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