Legal Question in Real Estate Law in Wisconsin

Although you should first address this question to the attorney who represented you at the closing, three years is a long time to wait before making a claim against a real estate seller for a possible misrepresentation regarding the condition of the property, such as a defective air conditioner. There is a two year statute of limitations in WI for intentional torts, which would arguably include a deliberate lie, although there may be other types of claims which you could still go to court for. Without seeing all of your closing documents, it would be impossible for me to tell whether or not the seller lied to you or negligently misrepresented anything, because the exact language on the property disclosure form, as well as all modifications of the language in the sale contract during negotiations, would come into play. If this issue came up and the seller told you the truth, i.e. that the AC was working OK at that moment in time, the seller may or may not have complied with all disclosure duties. Since you apparently had an inspection clause, part of the burden would also be placed upon you to exercise due diligence to discover defects. Failing to check the AC when you (through your inspector) had the chance to do so might be seen as a deliberate waiver of the claim on your part, since nobody forced you to close in the winter when testing the AC may have been difficult or impossible. You also indicate that the broker may have been representing both of you and also wonder if that is a conflict of interest. Again, without knowing all details about the history, I could not say, although attorneys representing both the buyer and the seller during a real estate sale would definitely invite a conflict of interest problem. The duties of brokers are more vague, although they are certainly obligated to be truthful and have certain duties of disclosure. Since the seller pays their commission in most cases, you should use your own judgment on whether or not the broker would feel the same level of obligation to a buyer, who is paying him nothing. That is why all real estate purchasers should always be represented by a licensed attorney who is paid only by them at every closing. My comments in this public web forum are intended only for public educational purposes and are not legal advice specifically for you. Instead, you should retain a lawyer in order to meet your legal needs since I will be taking no action on your case. You are welcome to contact my Racine, WI office at 262-633-3090 or email me at [email protected] for further information if you desire it.