Real Estate Law in Wisconsin
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 Wisconsin real estate law. Not all residential and commercial real estate transactions execute perfectly. Sometimes unexpected issues can occur such as property rights, access, liabilities, and more. Furthermore, legal matters involving real estate transactions are often complex and are not just limited to the property owners.
Types of Real Estate Law Disputes
Disputes involving real estate in Wisconsin are very common and some of them are quite complex. They often require the intervention of the courts. Typically courts are seen as the most biased party. Learn more about the different types of real estate disputes below.
If you decide to purchase any Wisconsin property, there are certain steps anyone who is involved 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 Wisconsin property deeds.
For example, a neighbor may feel they have the right to access a portion of your property because a previous owner allowed them to for years. One step you can take to resolve the matter before pursuing litigation is talking amicably with the other party.
Disputes often arise when Wisconsin landlords and tenants cannot agree on repairs, rent arrears, and more. Tenant and landlord laws are very complex and failure to adhere to them can cause either party to violate the rights of the other.
The Wisconsin Landlord Tenant Guide instructs individuals 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.
No 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 Wisconsin without a valid mutually beneficial contract.
Proving fraud in a real estate transaction can be an uphill battle. It is almost always necessary to work with Wisconsin real estate lawyers to straighten things out.
Wisconsin Real Estate Law affirms that any contract 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 in order to persuade you to buy.
Property line disagreements usually occur when adjoining Wisconsin 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.
Determining the rightful owner of a property in Wisconsin is not always easy. For instance ownership issues are common when an owner verbally transfers ownership without documentation. Or, when someone bequeaths their real estate to another without going through the proper process. There can also be other parties with ownership rights, such as certain lien holders.
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 clear before you can secure a mortgage or financing.
A judgment lien allows a 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 Clerk of Courts in the county where the lien is filed 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 Are in a Real Estate Dispute in 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, it’s best to speak with an experienced Wisconsin real estate lawyer. Regardless of the issues you are facing, you can benefit from having legal guidance.
Learn About Real Estate Law
Wisconsin real estate law is quite complex. It is important for you 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 Wisconsin
Real estate disputes make up the majority of litigation cases. Still, not all issues require you to go to trial. You should work with Wisconsin lawyers that have the knowledge and experience to get you the resolution you seek. Depending on your disagreement, the courts may include financial compensation and injunctions to prevent retaliation or recurring issues.
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!