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Wisconsin Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Wisconsin on
Q: What is the fee for using a real estate lawyer for closing on a house with no realtor?
Jason Anthony Greller
Jason Anthony Greller
answered on Nov 30, 2018

The fee will vary based on the individual attorney, their experience, the scope of the representation and the county in which the attorney is located.

In Dane County - flat fee attorneys will assist from start to finish for fees ranging from as low as $500 to $900. In most cases you get...
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1 Answer | Asked in Real Estate Law for Wisconsin on
Q: Can a person legally ask for money back that they gave, as a gift, to another. No contracts or promisary notes signed.

Roommate gives partner, not related or married, money via checks, that partner uses, along with partners money, to build a house. Checks were made out to partner and no promissory note or repayment plan agreed to.

Roommate moves out of the house they built but now wants partner to give back... View More

Jason Anthony Greller
Jason Anthony Greller
answered on Nov 16, 2018

It is not uncommon for people to argue about whether money was given in exchange for a promise to repay or whether the money was given as a gift. A promise to repay does not have to be in writing so this becomes an issue of fact to determine at trial (assuming a contesting proceeding ensues).... View More

2 Answers | Asked in Real Estate Law for Wisconsin on
Q: I am buying a house built with 2 finished bedrooms. A 3rd room was finished by the owner w/o getting permits. Issue?

Is this an issue for the seller and might it be a future issue if/when I decide to sell?

Jason Anthony Greller
Jason Anthony Greller
answered on Nov 12, 2018

The Real Estate Condition Report asks whether the Seller made improvements without required permits during that Seller's period of ownership. If the Seller did not disclose this to the Buyer then the Buyer may choose to terminate the Offer prior to closing. If the Buyer discovers this after... View More

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2 Answers | Asked in Real Estate Law for Wisconsin on
Q: I am closing on a house purchase Oct 31, I discovered on Friday Oct 26th that the water well is contaminated.

This after the realtor stated all was good with the well. The seller is pursuing their right to cure and I am told I must close on Oct 31st no matter what. I don't feel this is right. What are my options

Vincent Gallo
Vincent Gallo
answered on Oct 28, 2018

If your contract that you signed was appropriately modified to protect you from having to close with such an issue, then you should not close until everything is properly rectified.

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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... View More

Jason Anthony Greller
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... View More

1 Answer | Asked in Real Estate Law for Wisconsin on
Q: I need to remove my girlfriend from my home I own she is not on any lease or rental agreement

We have lived together for 4 years and the real stop shop has gotten very stressful and toxic

Jason Anthony Greller
Jason Anthony Greller
answered on Oct 22, 2018

In short you may have to treat your girlfriend as what we call "a tenant at will." This effectively puts you in the position of the "Landlord" seeking to end your "agreement" with you girlfriend. The Tenant Resource Center has a great post on this subject and rather... View More

1 Answer | Asked in Real Estate Law for Wisconsin on
Q: I closed on 9/14/18, carpets in finished basement were soaked and house has foundation leaks. They didn't disclose this.

Standard disclosure, C12 said no damage to foundation, never mentioned any wet carpets to us. 3 weeks prior there were huge storms the day after inspection was done. What rights do I have. I have 2 quotes from mason pros of $5,000 and $7,500. They need to rip out the finished basement to do the... View More

Jason Anthony Greller
Jason Anthony Greller
answered on Oct 19, 2018

This has been a tough year for water damage. If you can prove that the Seller knew about prior problems then you have a strong claim. Most of these claims should be brought within the first two years to preserve your various statutes of limitations. I recommend you contact Atty John Laubmeier in... View More

1 Answer | Asked in Small Claims and Real Estate Law for Wisconsin on
Q: Am I liable for the repair that I didn't know after close?

I sold a condo a month ago. We remodeled the condo. It is disclosed in the Disclosure. Buyer contacted us and stated that the dryer's vent doesn't vent and cause retention of moisture that cause ceiling damage. When the contractor installed the dryer, the building property manager was in... View More

Jason Anthony Greller
Jason Anthony Greller
answered on Oct 19, 2018

I'm surprised that the buyer's inspector did not note that the dryer was not vented. If the dryer is not vented then it should be a condenser dryer.

The issue here is whether or not you had knowledge of a condition affecting the property and failed to disclose that condition in...
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1 Answer | Asked in Real Estate Law for Wisconsin on
Q: My security deposit was witheld for carpet damages. The damages were not significant enough to replace the entire carpet

Doed the landlord have the right to charge for the replacement of the entire carpet?

Jason Anthony Greller
Jason Anthony Greller
answered on Oct 19, 2018

You raise the relevant issue in the form of your question wherein you state that "the damages were not significant enough to replace the entire carpet." If that statement is true, then the landlord may not be entitled to withhold security deposits for this purpose. Security deposits may... View More

2 Answers | Asked in Real Estate Law for Wisconsin on
Q: Are Buyers required to share a copy of the inspection report with the Seller?

In Wisconsin are Buyers required to share a copy of the inspection report with the Seller?

Vincent Gallo
Vincent Gallo
answered on Oct 11, 2018

Not in New York but if a purchaser wants a credit or repairs done, the report is the strongest evidence to support his or her entitlement.

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1 Answer | Asked in Real Estate Law for Wisconsin on
Q: I am looking at the vilas county recording website and in there it says GTR/E, what does that mean
T. J. Jesky
T. J. Jesky
answered on Sep 22, 2018

Most likely GTR/E, can be either the Grantor or Grantee, based on whether or not is was the seller or buyer. The grantor is the person/entity who grants (sells) their property to another. The Grantee is the person acquiring (buying) the property. This is just an abbreviation to designate who... View More

1 Answer | Asked in Real Estate Law for Wisconsin on
Q: I am a buyer and the clossing is next but my wife and I dont want the house anymore.We dont know what to do?
Thomas B. Burton
Thomas B. Burton
answered on Sep 12, 2018

Examine your contract carefully to see if there are contingencies written into the contract which would allow you to legally back out of the contract. Have you talked to your real estate agent, or the seller about your desire to void the transaction? If you used the standard Offer to Purchase in... View More

1 Answer | Asked in Real Estate Law for Wisconsin on
Q: We are buying a home in WI and close on September 14th. The home currently is occupied by a month to month tenant...

There is not a month to month signed lease, just a verbal month to month agreement. The tenant has been informed by the seller numerous times that she must be out by our closing date. To the best of our knowledge she has not even begun to move yet. My question is: if the tenant is not out by... View More

Thomas B. Burton
Thomas B. Burton
answered on Sep 5, 2018

If the tenant has not vacated by the time you become the owner and take possession of the property, then you would have to ask the tenant to leave or begin eviction proceedings. Check your Offer to Purchase to see if you agreed with the Seller that they would remove the tenant by the date of... View More

2 Answers | Asked in Real Estate Law for Wisconsin on
Q: Do Wisconsin home sellers have to disclose dead trees that pose a major safety concern?

We just purchased a home in February (Wisconsin) on a wooded lot. As spring and summer has brought the outdoors back to life, we have come to the disheartening realization that two giant oak trees are dead. These trees are set in to our patio and are located about 15 feet from our house. These... View More

Sarah Lynn Ruffi
Sarah Lynn Ruffi
answered on Aug 27, 2018

The seller was required to complete a Real Estate Condition Report, which covers many areas of the structure and property conditions. However, the health of trees and vegetation on the property are not included in the representations. Therefore, the sellers likely had no obligation to disclose... View More

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1 Answer | Asked in Real Estate Law for Wisconsin on
Q: Are home sellers in Wisconsin legally required to disclose a mice infestation?

My husband and I purchased a house yesterday. I few hours later while cleaning the kitchen, I noticed mice feces behind the fridge and that the seller left a set mouse trap and rodent poisoning under the kitchen sink. This was not something the seller disclosed to us. They checked no to everything... View More

Thomas B. Burton
Thomas B. Burton
answered on Aug 20, 2018

Check and see if your Seller used the new Real Estate Condition Report that is required after July 1, 2018. On the new report, question C5 relates to animals and pests and states "Are you aware of current or previous termite, powder post beetle, or carpenter ant infestations or defects caused... View More

1 Answer | Asked in Real Estate Law for Wisconsin on
Q: In wisconsin do you have to disclosure a suicide that was committed in house for sale
Thomas B. Burton
Thomas B. Burton
answered on Aug 14, 2018

In Wisconsin, owners of real estate who occupied a property are required to complete a Real Estate Condition Report and give it to the buyer prior to the closing. Certain people are exempt from completing this report such as personal representatives, trustees, conservators, or a fiduciary appointed... View More

1 Answer | Asked in Real Estate Law for Wisconsin on
Q: My neighbor is threatening to sue me over water drainage issues that I believe are self-inflicted. Should I worry?

neighbor purchased a new spec home that was next to an empty lot in 2016. I purchased the empty lot and began construction on my home before his final-grade was done. I found it odd that his house had exposed basement windows below grade, since our lots were both very flat pre-build, but didn’t... View More

Brian R. Zimmerman
Brian R. Zimmerman
answered on Aug 8, 2018

Responsibility for the run-off will depend upon a lot of factors. Understanding your legal rights and responsibilities in this situation before it escalates further would most likely save you time, money and aggravation. A real estate lawyer will be able to advise you further.

1 Answer | Asked in Real Estate Law for Wisconsin on
Q: Is it possible to terminate a vacant land offer to purchase if the seller did not provide a map of the property by date

Agreed upon in contract. Also, could the offer be terminated if the seller gave buyer an accepted offer after the date listed in the contract?

Brian R. Zimmerman
Brian R. Zimmerman
answered on Aug 8, 2018

Whether you can terminate the Offer will depend on the terms of the contingency contained in the Offer. Oftentimes there are time limits for both the Seller's compliance with the terms, and the time period in which a Buyer is permitted to terminate. Prompt review of the Offer would be best... View More

1 Answer | Asked in Real Estate Law for Wisconsin on
Q: I purchased a house 2 years ago through a realitor. The house was suppose to have a new roof put on before we closed.

I have now discovered that this was never done. The realitor refusses to work with me. Is there any legal action I can take?

Vincent Gallo
Vincent Gallo
answered on Jun 29, 2018

You didn’t ask for a receipt from the roofer for the new roof before you closed?

1 Answer | Asked in Mergers & Acquisitions, Real Estate Law and Landlord - Tenant for Wisconsin on
Q: Can my previous property management company hold me to the lease of a company they bought out?

I started renting with Company A and after 2 years they were bought out by Company B. Surprisingly, the buy out was on the month that our lease was up. Company A had told us that everything would be settled and we would be put on a month to month with Company B but would have to sign a lease with... View More

Sarah Lynn Ruffi
Sarah Lynn Ruffi
answered on Apr 23, 2018

In order to be able to give you an informed answer, I would need to see the lease. If your lease was assignable and if your lease included a 60 day termination provision for a month-to-month tenancy, then you are probably stuck with the 60 day notice period.

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