Legal Question in Real Estate Law in Wisconsin

Home Buyer Claim Against Seller for Leaking Roof

A real estate purchase contract will determine liability for real estate defects following a closing (if the standard Wisconsin Board of Realtors forms are used). If the sellers disclose defects in writing in the form called the �property condition report,� and the buyer does not reject the sale due to the problem, the buyer is more or less stuck with it. If, however, the seller fails to disclose a known problem or misrepresents the condition of the property on the disclosure form, the seller is liable for the repair costs. Sellers are also liable for the buyer's attorney fees in the event of such a misrepresentation. As with all legal rules, there are many �grey areas.� Therefore, this is (as usual) a vastly over-simplified explanation. Exceptions can included conditions which are obvious, and a perrential issue is whether or not other representations maded outside the closing documents may be considered to be adequate disclosure. Surprising, outside statements about a condition not reproduced in the closing forms may not always save a seller. Also (as always) no lawyer can intelligently advise anyone without thoroughly investigating the situation and reviewing all documents.