Legal Question in Real Estate Law in Wisconsin

property condition

I recently bought a condo. In the contract, we (the buyers) gave the seller 3 days to vacate after the closing during which time she paid us rent. However, because she didn't move out until after the closing, we never had a chance to see the place without all of her belongings. Once she moved out, and removed all her area rugs, we saw that her dogs had urinated all over the carpets in practically every room (dogs are not even allowed in our complex). We will have to replace all the carpets. We had an inspector come in to look at the place before the closing and he did not notice it either (because she went to great lengths to cover it up- rugs to cover the stains, and incense to cover the smell.) There was a statement in the paperwork stating that there were no major defects and she did check the box stating that there were no noticable odors- you can totally smell the pee. Legally can we get her to pay for the new carpet?


Asked on 4/30/03, 12:53 pm

1 Answer from Attorneys
Mark Mahoney Cassiani Law Office, Wise Shepherd Law Office

Re: property condition

Hello, you should be able to recover your losses, but that will depend upon a close reading of the purchase contract. Bottom line: you may be able to collect from the seller, but delay could work against you. To get a firm opinion from a lawyer, you will have to give him/her the lease and the facts, and then you will get an opinion yuo can rely on. Best wishes, Mark J. Mahoney, 920-984-4529

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Answered on 4/30/03, 9:55 pm


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