Get free answers to your Real Estate Law legal questions from lawyers in your area.
The trees aren't mine or on my property. Tree branches are hanging over the driveway and brushing on vehicles entering & leaving my property.
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.
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.
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.
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,... View More
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... View More
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.... View More
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... View More
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
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... View More
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... View More
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.
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?
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... View More
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
We wanted to purchase a small portion of an empty lot next to our house. The contractor agreed on a price with us and then nothing happened for two years. The contractor did a survey recently - not based on the portion of land we wanted to purchase. We resurrected the idea of purchasing again... View More
answered on Apr 30, 2019
Agreements to purchase real property in Wisconsin must conform to the requirements of Section 706.02 of the Wisconsin Statutes. That section sets forth the formal requisites for a sales contract or conveyance. Section 706.02(d) requires that the agreement be signed by all parties so email messages... View More
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... View More
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 &... View More
I asked my aunts to buy us out or were selling our portion there making things difficult although we inherited it legally , 1 aunt is saying it's private property and that we can't sell our portion .
answered on Apr 22, 2019
You will need to look at the deed to determine how you took title to the land to figure out what to do next. I recommend you pay a real estate lawyer to examine it for you and then lay out your best options in this situation. If you and your brother own an interest in the property, and you hold... View More
The front page of the lease says "for the year of Jan. 1st 2018 to December 31st 2018" in the provisions on the 2nd or 3rd page it says "both the tenant and landlord acknowledge this lease is for a minimum of one year" the lease was signed in September 2018, does that mean our... View More
answered on Feb 11, 2019
I have not seen your lease, but it sounds to me like someone forgot to change the dates on the front of the lease. It seems they intended the lease to run for at least one year from the date you signed it, but if that was their intent the dates are unclear. If it had said "This lease is for... View More
The new lease has many things changed.
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... View More
I received a letter from the state asking why a transfer fee exemption was used. I quit claimed the property myself and am not sure what they are referring to?
answered on Jan 22, 2019
Generally transfers between an LLC and the sole member of the LLC are exempt from the Wisconsin Real Estate Transfer Fee. Section 77.25 (15s) of the Wisconsin Statutes governs and states that the transfer fee does not apply to a conveyance ....... Between a limited liability company and one or... View More
Our daughter found a perfect house and wants to be sure it does not slip away but would prefer to delay closing for several months. Can a contingency be put into the contract along with a statement that she requests the opportunity to remove the contingency if another offer without a contingency... View More
answered on Dec 28, 2018
Yes, she could include an escalation clause if another offer comes in with a closing date that is sooner, meaning her offer would increase in purchase price, or her Offer to Purchase could offer to move her closing date up if another offer comes in with an earlier closing date before your... View More
answered on Dec 7, 2018
Assuming the easement was originally recorded, the answer depends on the easement. If the easement "run with the land," then the easement binds the heirs and successors of the individual parcel owners. In other words, the easement continues to be binding without re-recording. If, on the... View More
I am a commercial property owner and we have ingress/egress easement with neighbor to let them use an area within our property for ingress/egress. There are unofficial parking spaces in that area which have no impact on their ingress/egress. The city wouldn't allow me to use the parking space... View More
answered on Dec 7, 2018
The answer will depend on the language of the easement. Generally, easements for ingress/egress prohibit either party from blocking any portion of the easement area,regardless of whether or not the parking blocks actual access. The underlying argument is that neither the dominant or subservient... View More
I was evicted over 10 years ago and now the management company is trying to sue me for $5500. Can they still do this? The judgement was entered on Feb. 28 2008.
answered on Dec 3, 2018
Statutes of limitations vary based on the type of claim. In Wisconsin, there is a 6 year statute of limitations on commencing contract actions. If the creditor took a judgment, then that judgment becomes a lien on the property of the defendant for a period of 10 years. Even though the lien on... View More
Person has deed and abstract to house- without permission. They are not related or family. They are telling people they are getting the house. Children living did not okay this. Home owner has been deceased for 8 years. What can we do to make sure this doesn’t happen?
answered on Dec 2, 2018
The value in a deed is in the recording of the deed - not the possession of the deed. You just can't write your name on a recorded deed and take the property. Assuming the deed was properly recorded, the only way to change title is to record a new deed. If any subsequent deed is fraudulent it... View More
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