Legal Question in Real Estate Law in Wisconsin

Re: small claims

I agree with Attorney Nixon's statement completely. If they in good faith said that there were no problems, and they really did not know about problems, then you likely will not be successful. Obviously it depends greatly on the "proof" that you have, but I would recommend at the very least consulting with an attorney to have a third party adjudge the merits of your case and give you some advice on what to argue.

Good luck. (What a terrible time of year to have roof problems)

WI Real Estate Sale, Alleged Misrepresentation by Seller, Small Claims Trials

ANSWER: Unless you are trained and experienced in WI real estate transactional law, you should hire an attorney to represent you at your upcoming hearing. WI case law differentiates between several different species of misrepresentation in sales transactions, including intentional, reckless and negligent misrepresentation. The type and amount of damages you are apt to receive differ depending upon which of these is proven at trial. The other possibility, of course, is that there was no misrepresentation at all, in which event you would recover nothing and might even end up having to pay the court costs and/or attorney fees of the adverse party. The intent of the sellers and their state of mind at closing can sometimes be extremely difficult to prove. For example, the roof could have been perfectly fine as far as the sellers knew (or should have known) at the time of the real estate closing and the subsequent roof failure could have been totally random and beyond their control or knowledge. This would mean that they made their ultimately erroneous representation about the roof's condition in good faith and that it was in fact a true statement at that time. Without seeing all of your closing documents and interviewing your engineering witnesses and other parties with relevant knowledge, I could not begin to advise you. There may also be alternate legal theories available to you such as warranties. Good luck!