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RESIDENTIAL
REAL ESTATE
Whether you are
building, buying or selling a home, it is likely your largest single
financial transaction. You certainly don't want anything to go wrong,
and you don't want to get stuck paying to remove a construction lien
or an old oil tank, or fixing a leaky basement. In any closing you will
encounter a mountain of paperwork. The mortgage company or bank is focused
on lending and securing their mortgage, while the realtor is focused
on marketing the home. Neither one is a lawyer; and they can't give
you legal advice under Wisconsin law. Who is focused on looking out
for your interests? We are.
We are experienced
in completing smooth transactions and resolving unexpected difficulties,
from drafting the offer to purchase or the construction contract through
the title investigation, financing stages and the closing. We will walk
you through the process and make sure your family's interests are protected
at a reasonable cost. We handle:
- Sales and
Purchases
- New Home Construction
- Land Contracts
- Disputes,
Lawsuits and Fraud
COMMERCIAL
REAL ESTATE
Sellers, buyers
and developers of commercial real estate are confronted with numerous
issues like use restrictions, zoning requirements, environmental concerns,
municipal approvals, tax questions and the like. We are familiar with
these problems, and have the experience to help you make the right decisions
and complete profitable transactions. We handle:
- Sales, Purchases
and Construction
- § 1031 Tax-deferred
Exchanges
- Subdivision
and Multi-family Development
- Shopping Center
Development
- Commercial
Leasing
- Disputes,
Lawsuits and Fraud
While our goal is
to help resolve legal issues in a cost-effective and amicable way, there
are times when aggressive action is necessary to get results and value
for our clients. We have often used our expertise and tenacity successfully
in real estate litigation, including the following reported cases:
 Subdivision Parking
Restrictions and Injunctive Relief Issues
Smith
v. Slock, (Unpublished 96-CV-1331, Ct. App. 1997)
We successfully
appealed the trial court's dismissal of our client's claim seeking
to stop his neighbor from violating parking restrictions. The Court
of Appeals reversed the trial court, upheld the subdivision restrictions,
and ordered the trial court to issue an injunction prohibiting further
violations by the neighbor.
Interpretation
of Lease Obligations and Tax Payment Clause Issues
City
of Franklin vs. Crystal Ridge, Inc., 180 Wis.2d 561 (Sup. Ct.
1994)
City
of Franklin vs. Crystal Ridge, Inc., 174 Wis.2d 358 (Ct. App.
1993)
The City appealed
the trial court's decision that a ski lodge and outbuilding constructed
by our client under a County lease was not taxable, and that a lease
clause requiring the tenant to pay all taxes did not waive the tax
exemption. The Court of Appeals ruled in the City's favor. The Supreme
Court reversed the Court of Appeals, holding that the boilerplate
tax payment clause was not a waiver of the right to object to an unlawful
tax on exempt property. Our client received thousands of dollars in
tax refunds and saved hundreds of thousands of dollars in future taxes.
Real Estate Fraud,
Land Contracts, Mortgages and Title Insurance Issues
Milbrandt
v. Huber, Greenberg, et al, 149 Wis.2d 275 (Ct. App.1989)
Plaintiffs complained
that defendants misrepresented the status of
foreclosure proceedings involving a land contract vendor's interest they
sold to plaintiffs, and that defendants fraudulently obtained title to the real estate
free and clear of plaintiff's lien. Plaintiff's also claimed that
the title insurance commitment misrepresented the status of title.
The trial court held that the foreclosure action terminated plaintiff's
lien in the property and dismissed the Complaint. We appealed
and the Court of Appeals reversed the trial court, holding that defendants
had committed a grand scale fraud against the plaintiffs. Upon remand
to the trial court, we recovered over $150,000 in damages for our
clients, including substantial attorney's fees.
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