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Milwaukee WI real estate litigation attorney home defectsBy Russell J. Karnes

Most people are relieved and ready to move on to the next phase of their lives after going through the long and stressful process of selling a home. Buyers and sellers typically have had very little direct interaction with each other during the sale process, and most sellers assume that they will never hear from the buyers again. 

But as sure as the first warm sunny day will melt the winter snow, so too will Wisconsin’s real estate litigation start heating up this spring. Because with all that melting snow comes another sure sign of spring in Wisconsin: damp and leaky basements. In some cases, last season’s real estate buyers are surprised to find out that their new home’s basement is no longer dry. So some buyers decide to sue the sellers after realizing how much it’s going to cost to fix their leaky basements. 

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Wisconsin real estate litigation, home buyer disputes, Milwaukee real estate litigation attorneys, breach of contract, zoning issuesBuying or selling a home can be a lengthy, complicated process, requiring both parties, their real estate agents, and their attorneys to meet a variety of legal and financial requirements. Unfortunately, disputes can arise in which a party fails to abide by the terms of the purchase contract, and real estate litigation may be necessary to resolve these matters. Consider the following common issues that can lead to legal disputes in real estate transactions:

  • Failure to disclose - Under Wisconsin law, a seller is required to fully disclose any known defects that affect the value of a property, present safety issues for those who use it, or result in a shortened lifespan for the premises. Failure to disclose required information may result in the buyer rescinding the purchase contract. Furthermore, in some cases, a seller may be required to pay damages to the buyer.

  • Zoning issues - Following the signing of the purchase contract, legal issues affecting the property may arise, such as disputes over boundaries or property lines, zoning regulations that affect how a property can be used, or easements on a property. Litigation may be required to determine how these issues will impact the sale of the property.

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