Legal Question in Real Estate Law in Wisconsin

Discrepancy in Real Estate Condition Report

I bought a house about 2 months ago. It was for sale by owner. The first thing I asked the sellers on our initial walk through was ''have you ever had problems with water in the basement?'' There answer was ''no, never''. Also, on the Real Estate Condition report, line C.10. reads ''I am aware of defects in the basement or foundation (including cracks, SEEPAGE, and bulges).'' There answer to that question is ''NO''. A week ago, we had a bad storm and ended up with 2 inches of water in the basement causing minor damage. After talking with 3 of the neighbors, I was told by all 3 of them that the prior owners had water problems in the basement three times. The last time was supposedly so bad that they had to tear down walls and rip up carpet and completely re finish the basement. I would have never bought a house with water problems in the basement. What can I do?


Asked on 8/12/03, 2:46 pm

2 Answers from Attorneys
Thomas Schober Schober Schober & Mitchell, S.C.

Re: Discrepancy in Real Estate Condition Report

From the facts you provided, you have a very good case based upon misrepresentation. You should see a good real estate trial lawyer. Participants are prohibited from asking you to see themselves. You can decide what you would like to do.

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Answered on 8/13/03, 6:11 pm
Mark Mahoney Cassiani Law Office, Wise Shepherd Law Office

Re: Discrepancy in Real Estate Condition Report

Hello,

Please excuse the delay in reply. I was out of town for a few days and fell behind with email.

I agree with the previous posting reply. What I sometimes suggest is that a person talk to two lawyers, that way you get two opinions and something to choose from. You can then retain the one you feel most comfortable with.

Best wishes, Mark J. Mahoney, Appleton, WI. 920-984-4529

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Answered on 8/19/03, 7:19 pm


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