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Wisconsin Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Wisconsin on
Q: If a deed is in my name, am I the rightful owner of the real estate no matter who paid for it?

My former roommate paid for a garage in the Condo Development we lived in. I own the Condo so had to put the Garage Deed in my name due to Condo bylaws. Roommate has moved out and wants the money if the garage is sold. Is that garage legally mine no matter who paid for it? Would he have any... View More

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

The Statute of Frauds requires that any agreement pertaining to an interest in real estate must be in writing to be enforceable. If the title to the garage is in your name, that means that you likely own it. The most pertinent question is what type of agreement was there when the garage was built... View More

2 Answers | Asked in Real Estate Law for Wisconsin on
Q: 1950 plat map shows 5 foot utility easement. Should there be a record showing how the easement can and cannot be used.

Can landowners block or build upon the dedicated easement?

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

You should be able to get a copy of the actual recorded easement from the Register of Deeds or a title company.

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1 Answer | Asked in Real Estate Law for Wisconsin on
Q: what to do when you have a date set for May 1st to sign paperwork and move 2 new house and seller wont move until june

we have closing date set for May 1st 2018 and the seller is now saying that he will not be signing paperwork until June 15th and will not be moving out until at least june 15th. he has had over 3 months to find a new place and pack. we have contract signed, sets date for signing at bank and the... View More

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

It depends on the closing date set in the Offer to Purchase. If the closing date in the accepted Offer to Purchase is May 1, 2018 and the Seller refuses to close, you can pursue your options based upon the Seller's default under the terms of the Offer to Purchase.

1 Answer | Asked in Real Estate Law for Wisconsin on
Q: My parents have 2 homes on their property in the country am I legally able to live in the other home?

They need help around the land and want their grandkids to love closer, so we are considering moving to the other home. Homes are about 100 feet from each other and were built at the same time. One was built as a mother in law home. We just want to be sure that this is legal.

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

Your parents have the right to allow anyone they wish to live in the other home. If you do move into the other home, you may want to have a written agreement with your parents outlining the expectations of your occupancy to avoid problems in the future.

2 Answers | Asked in Real Estate Law and Stockbroker Fraud for Wisconsin on
Q: What do I do if sellar won't sign release of contract for home inspection failure?

Put In and had offer accepted. Walked through house again and found growths in closet ceiling and leaks in garage roof. We did not give them the earnest money because we do not have the money to fix roof and interior of house. We brought the issue to the owners attention and they admitted they knew... View More

William F Sulton
William F Sulton
answered on Apr 6, 2018

You could file a lawsuit for a declaration stating that the sale is null and void. But that seems unnecessary in this circumstance. You can probably just walk away from the deal. It happens everyday.

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2 Answers | Asked in Real Estate Law, Elder Law and Estate Planning for Wisconsin on
Q: What is the best way for an adult child to buy her mother's house? Mother is in assisted living, house is paid off.

Are there ways to make this purchase while protecting the mother's assets? Alternative financing? Not using a real estate broker? Do siblings need to agree to the sale?

William F Sulton
William F Sulton
answered on Apr 6, 2018

Your mother can transfer the property to you at any time by signing a deed. She could also use a will or trust.

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1 Answer | Asked in Real Estate Law and Divorce for Wisconsin on
Q: Awarded house in divorce, no $ owed to ex. Cannot get them to sign Quit Claim Deed. Can judge sign deed in ex's place?

Cannot locate ex, already had pretrial, tried to serve ex. judge suggested I get legal advice to see if he can legally sign so i can get my ex's name off the deed

William F Sulton
William F Sulton
answered on Mar 3, 2018

Your question is unclear. If you have an order awarding the house to you, you do not need the ex to sign. You can simply extinguish the ex’s interest and have another deed recorded on the property.

1 Answer | Asked in Real Estate Law for Wisconsin on
Q: My condo association is holding a vote to change a specific bylaw that will financially benefit certain condo owners.

48 condos have decks, 24 do not. Current bylaws state condo owner is responsible for repair or replacement of their own decks. Now the condo owners with decks want to change the bylaw to say the association will pay the costs which will include all the non-deck owners. How can a bylaw be changed... View More

William F Sulton
William F Sulton
answered on Feb 27, 2018

It does not sound legal. One would need to review the bylaws and other relevant documents to provide meaningful advice. And it sounds like the review should happen sooner rather than later.

1 Answer | Asked in Real Estate Law for Wisconsin on
Q: All parties signed an offer to purchase, now seller requests we sign a rescind feels price is too low - is this legal?

The realtor represents both the buyer (us) and the seller. We feel this is totally unethical and probably illegal. We have refused to sign.

William F Sulton
William F Sulton
answered on Feb 24, 2018

The buyer may sue for specific performance. Alternatively, the buyer may sue for the earnest money and damages. As long as the realtor disclosed the conflict of interest, the relationship is probably not illegal. I suggest you speak with a lawyer.

1 Answer | Asked in Real Estate Law for Wisconsin on
Q: My siblings and I own land. I want to sell, one sibling does not and refuses to discuss. What are my options?

I have asked sibling to buy my share, however, she will not communicate with me. land is located in Wisconsin.

William F Sulton
William F Sulton
answered on Feb 5, 2018

You should consider going to court. At court, your sibling would be forced to buy your share or accept the allocation after the land is sold.

1 Answer | Asked in Real Estate Law for Wisconsin on
Q: Sold our home & after 3 months they are coming after us saying heating system didn't work or stove,it was nov when SOLD

It worked perfectly when we moved. It was Nov and of course we were using heat. Also saying that the stove was missing the heating element, I made pies 8 days earlier. Saying freezer unusable. Buyers from "heck". They are lying. Now he said he already put in a whole new heating system and... View More

William F Sulton
William F Sulton
answered on Jan 27, 2018

The problem with lawsuits like this is that they are expensive. You may have insurance that will provide you with a defense. I suggest you contact the insurance company you had at the time.

1 Answer | Asked in Real Estate Law for Wisconsin on
Q: I purchased a house about 6 months ago. The sellers listed on condition report, no asbestos.

It was determined after closing there is a significant* amount of vermiculite which is generally considered asbestos under Wis. Admin. Code Chapter DHS 159.04(41) . [Until it is tested per EPA guidelines.] Some of the vermiculite is visible in some of the upstairs crawlspaces, even without... View More

Gregory Andrews Cade
Gregory Andrews Cade
answered on Dec 27, 2017

While the law requires the seller to disclose the presence of asbestos on the property to prospective buyers, taking legal action will most likely be a futile endeavor, since you will have to prove that they were aware of the existence of the carcinogen in the house. They might have not known... View More

2 Answers | Asked in Real Estate Law for Wisconsin on
Q: Seller accepted my offer and before we closed he received a higher secondary offer. Can he sell to secondary offer?

All contigencies were met and my loan is approved. Everything is done except the title transfer. Seller says because the contract allows him to take secondary offers he can sell to the secondary bidder.

William F Sulton
William F Sulton
answered on Dec 24, 2017

One would need to review the offer to purchase to answer your question. Sometimes offers permit sellers to select the higher offer, sometimes not.

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Q: Misrepresentation

The bank ordered an appraisal of the home we purchased a few months ago and it appraised higher than the asking price. We purchased in Janesville.

We have an emergency and we needed to borrow against our homes equity and we had our home appraised. The appraisal can in much lower than we... View More

William F Sulton
William F Sulton
answered on Dec 1, 2017

More information is needed to evaluate the facts in your inquiry. Appraisals are subjective. So it is unsurprising there are different opinions about the value of the home. This is not fraud (misrepresentation is a synonym). It may be negligence. More information is needed to see how negligent the... View More

1 Answer | Asked in Real Estate Law for Wisconsin on
Q: I made offer to purchase a home. 3 days b4 closing seller did not have heirs permission to sell

They asked for 2 weeks extension, I complied, they then asked for 30 days extension, I reluctantly complied again. Now that date is nearing and was just informed the seller has a court date set for 2 weeks after this latest extension date to try to get permission to sell. Can I sue to get my... View More

William F Sulton
William F Sulton
answered on Nov 10, 2017

Probably. One would need to review the offer to provide the most accurate advice. But it seems apparent that the seller misrepresented his or her authority.

1 Answer | Asked in Real Estate Law for Wisconsin on
Q: We signed an amendment after we had signed the deed transferring our home. Are we responsible to the terms of amendment?

We were reluctant to sign the document as we had already "sold" the home and transferred the title/deed. We asked if we could put a "max" on the amount we would cover (i.e. up to $2,000). Our real estate agent indicated that they buyer could still walk away if we didn't... View More

William F Sulton
William F Sulton
answered on Oct 5, 2017

You are responsible for the amendment because you agreed to it by signing. It sounds like your agent gave you bad advice. You should consider making a claim with your agent's insurer if you are ultimately on the hook for the $16,000.

1 Answer | Asked in Real Estate Law for Wisconsin on
Q: We bought a house and at the closing seller refused to give house keys and now won't leave the property.

Called the agent and mortgage broker know one can tell us what to do. Do we have to evict him?

Vincent Gallo
Vincent Gallo
answered on Sep 30, 2017

And you still gave him your money?

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Wisconsin on
Q: How can we get out of our lease?!

We are trying to get out of our lease as we just put an offer in on a house. The landlord is refusing to work with us to get out even though we have a new tenant lined up. Also the lease states we can sublease and cant be unreasonably withheld. They are not giving us any reason why they won't... View More

William F Sulton
William F Sulton
answered on Sep 21, 2017

If the lease states that you may sublease, then the landlord is breaching the lease. Such a breach may allow you to get out of contract altogether.

That being said, your question is really an economic one. If it is in your economic interest to break the lease you should. One consideration...
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1 Answer | Asked in Real Estate Law for Wisconsin on
Q: I have a 40 acre property with a driveway that passes over a very small portion of a neighbors land to enter the road.

We have been using the driveway for 29 years. The property owners will not sell us that small portion of property. As such, we need an easement to enter our property. We live in Wisconsin. What should be do?

William F Sulton
William F Sulton
answered on Sep 13, 2017

Your instincts are correct. You need a lawyer to draw up paperwork for an easement. If the other property owners will not sign, you should consider filing a lawsuit.

1 Answer | Asked in Real Estate Law for Wisconsin on
Q: Can a seller say no to a drilled well system inspection on the property after the offer to purchase has been signed?

My father in law has an agreed offer to purchase for property in wisconsin that has 2 water well systems. His realtor striked off the inspection and didnt tell him. He wanted the wells inspected though. now the seller is saying no to the inspection. Can the seller say no and can his agent be held... View More

William F Sulton
William F Sulton
answered on Sep 6, 2017

Your instincts are correct. The seller only has to follow the contract language. The agent would be responsible for any damages your father-in-law could prove.

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