Legal Question in Real Estate Law in Wisconsin

Condo Problems

We bought a condo 1year and 9 months ago. It was a conversion from a nice apartment. Everybody who bought were promised and have signed documents saying that the developer would pay our condo dues and property taxes for 2 years(consecutive). They are now not paying the dues to the condo asscoiation and basically saying that they will not pay our taxes coming up either and now the condo assocoiation wants the dues. Also the condo docs state that the place should be at least 50% owner-occupied and i just find out that there are only 25 owner-occupied out of 116 units. We as owners need advice. also the condo in in wisconsin and the developer is in chicago


Asked on 9/29/08, 10:43 am

2 Answers from Attorneys

JAY Nixon nixon law offices

RE Real Estate Apartment Conversion to Condo-Seller Not Honoring Promises

You need to consult with an experience real estate lawyer as soon as possible. If a seller is not complying with a written promise which was made a part of your purchase contract, you can probably sue the seller. However, at many closings, new purchase contract documents are signed which waive some previous promises. Only an experienced lawyer with all of your documents can tell you whether or not this promise survive your closing. The property taxing authority and condo owners' association may not have been parties to your sales contract and therefore you may not be entitled to any offset from them due to the breach of the seller's promise. That means they could theoretically foreclose you from the property for not paying. These online comments are not intended to create an attorney client relationship or to serve as legal advice. you really need to consult with your own lawyer.

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Answered on 10/18/08, 5:58 pm
Sean Sweeney Tosa Law Office

Re: Condo Problems

If the contract is explicit about the Developer's responsibilities and they are not complying with them, then file a law suit. You mention the developer is in Chicago, but if they were engaged in business with you in Wisconsin, then they can be sued in Wisconsin. (They have availed themselves to the jurisdiction of the Wisconsin Courts)-

If the amount is under $5000 you might consider small claims court- if it is more, get an attorney and go to regular court.

Good luck to you.

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Answered on 9/29/08, 10:52 am


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