Real Estate Law in Madison, WI
What Is Real Estate Law?
Are you getting ready to purchase or sell some property? Are you involved in a property or real estate dispute? Or, maybe you are having trouble getting your landlord to make repairs to the home?
Whether or not you are a property owner or tenant, you have rights under Madison, Wisconsin real estate law. Developers, property managers, and investors can also face property issues. Common reasons for this include property rights, access, liabilities, and more. These matters are complicated, so the best first step is to seek the counsel of a qualified Madison real estate attorney.
Types of Real Estate Law Disputes
Disputes involving real estate are very common and some of them are quite complex. They often require the intervention of the courts. The courts are seen as the most biased party to weigh in fairly. Learn more about the different types of real estate disputes below.
Escrow Deposit
If you decide to purchase any Madison property, there are certain steps all involved parties must take. One is having an escrow account. A common reason escrow disputes occur is when the closing process fails and the buyer and seller cannot agree on what happens with the funds.
Easement Real Estate Dispute
Easement disputes are one of the most common forms of real estate disputes between neighbors, especially when property ownership changes. An easement allows other people or parties access to use certain portions of your property. Easements are not always granted by a property owner. Information regarding easements is often included in Madison, WI property deeds. Regardless of the reason for the dispute, the resolution often involves hiring an experienced real estate law attorney. Still, one step you can take to resolve the matter before pursuing litigation is talking amicably with the other party.
Fraud/Omissions
Some unscrupulous sellers try to take advantage of buyers by withholding information. Ultimately, they may do this to impact the outcome of the transactions and future ownership. Proving fraud in a real estate transaction can be an uphill battle. It is almost always necessary to work with an experienced Madison real estate lawyer to straighten things out.
Wisconsin Real Estate Statutes affirm that any contract in Madison signed under fraudulent terms becomes null and void. This fraud can occur in a variety of ways, such as the agent selling a property they have no legal authority to sell, or a homeowner neglecting to disclose damage to the property. In addition, it is categorized as fraud in Wisconsin for any agent, or seller, to intentionally misrepresent the property to persuade you to buy.
Contract Breaches
No Madison, Wisconsin real estate transaction is enforceable without a contract. Not all contracts are valid.
The requirements for what to include in a valid real estate agreement vary from state to state. However, documents that are missing certain elements or contain unclear or confusing language and in which one party breaches often result in real estate disputes between sellers and buyers. Real estate contracts are enforceable documents. You should never enter into a real estate transaction in Madison without a valid mutually beneficial contract.
Landlord/Tenant
Disputes often arise when Wisconsin landlords and tenants cannot agree on repairs, rent arrears, and more. Madison, WI tenant and landlord laws are very complex, and failure to adhere to them can cause either party to violate the rights of the other. Not only is a valid rental agreement crucial, but so is having good legal counsel.
The Wisconsin Landlord Tenant Guide instructs all parties in Madison on the rights and responsibilities of both landlords and tenants. Tenants maintain their right to privacy but are expected to conduct themselves with decorum and manners when in common areas. Landlords are responsible for keeping common areas clean. Also, they can collect late fees if a tenant does not pay the rent by the agreed-upon date. Both parties are bound by federal and state law, as well as the terms both agreed to in their lease agreement.
Boundary Lines
Property line disagreements usually occur when adjoining Madison, WI property owners do not respect property boundaries. Sometimes this is due to a valid misunderstanding between neighbors.
Not all property lines are easy to define and property records are not always accurate or easy to understand. Usually, disagreements arise because of fencing, trees, and other boundary line concerns. Though some Wisconsin property owners feel they can take matters into their own hands, doing so could cause more problems. Court intervention is typically the best way to identify and enforce property lines.
Ownership
Ownership issues are common when an owner verbally transfers ownership without documentation. These disputes often happen when someone bequeaths their real estate to another without going through the proper process. Or, there can be other parties with ownership rights, such as certain lien holders.
Determining the rightful owner of a property in Madison is not always easy. Many factors and issues can arise when disagreements over real estate exist.
Liens
Liens can impact your ability to own property or land free and clear. It is possible to sell a property that has liens on it. However, some liens can diminish a property’s sale price. Also, in many cases, liens must be cleared before securing a mortgage or financing.
A judgment lien allows a Madison creditor to place a lien on your property until the debt has been paid. You can appeal a lien, but the Wisconsin Legislature states that not only can liens be upheld, but that the County Clerk of Dane County is capable of dismissing apples as well. You may want an experienced Wisconsin attorney by your side to help you fight a property lien.
What Should You Do If You Become Involved in a Real Estate Dispute In Madison, Wisconsin?
If you have a real estate issue in which you feel your rights are being violated, or there is a specific issue that has you and another party in disagreement, you may want to speak with a qualified Madison real estate lawyer. Regardless of the issues involved, you can benefit from having legal guidance.
Learn About Real Estate Law
Madison real estate law is quite complex. You need to learn as much as you can about how real estate law applies to your circumstances. Your lawyer will help you to understand what’s at stake and develop a plan of action that helps protect your real estate rights.
Work With an Experienced Real Estate Attorney In Madison, Wisconsin
Real estate disputes are some of the most common litigation cases. However, not every issue requires going to trial. It’s best to work with an experienced attorney who can guide you toward the resolution you need. Depending on the nature of the dispute, the courts may award financial compensation or issue injunctions to prevent further retaliation or recurring problems.
Get the legal help you need now. We help Wisconsin landlords, renters, property and more resolve their real estate litigation. Additionally, we can even help you connect with an attorney across Wisconsin state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
If you would like to know more about other areas of law in Madison, WI, we’ve also got you covered!
