Legal Question in Real Estate Law in Wisconsin

Selling Agent Responsibility for Misrepresentations on Real Estate Condition Report

Representations in a real estate condition report are generally those of the seller only and not of the broker, but I would need to see all the documents from your transaction in order in order to give you any advice in the matter. The buyer also has a duty to exercise "due diligence" and observe "open and obvious" conditions, such as fact of the home being close to a stream bed. Existing uses which do not conform to shoreline zoning can also be "grandfathered," meaning that you can apply for a variance to allow the use. However, you can expect to be limited in terms of the scope and size of the project in order to protect the shoreline, including a limitation on building any closer to the stream bed. Another option might be to challenge the navigability of the stream, which the U.S. Supreme Court recently redefined as navigability for commercial purposes as a pre-requisite for the imposition of special zoning regulations which depend upon "navigability." Other issues can arise if you are in a 100 year flood plain, including safety issues due to potential flooding. You need to speak with an experienced real estate lawyer as soon as possible, since time limits for pursuing the seller and/or his agents may soon expire.