As a real estate agent, ensuring that a contract is executed smoothly is of utmost importance. However, in some cases, a buyer or seller may breach the terms of the contract and cause a significant loss to the other party. In such cases, it is essential to speak with an experienced attorney to better understand… Continue reading Addressing a breach of a real estate contract as an agent
Tag: Real Estate
How Do Easements Affect Real Estate Transactions and Litigation?
Real estate easements can greatly impact both the buying and selling of property, as well as any ensuing litigation. It is important for both buyers and sellers to understand the implications of easements on their property. An easement grants a non-owner the right to use a portion of another person’s land for a specific purpose.… Continue reading How Do Easements Affect Real Estate Transactions and Litigation?
Choose wisely: How to manage multiple real estate offers
When it comes to buying or selling a property, receiving multiple offers can be both exciting and overwhelming. While having multiple options to choose from can increase your chances of getting the best deal, it can also be a challenge to manage and select the most suitable offer. Here are some tips to help you… Continue reading Choose wisely: How to manage multiple real estate offers
Avoiding Misrepresentation Claims During the Sale/Purchase of a Home
When it comes to buying or selling real estate, one of the most common legal disputes that can arise are misrepresentation claims. In fact, misrepresentation of a property’s condition is among the top legal claims real estate brokers and agents face. Misrepresentation occurs when false information or statements are made, either intentionally or unintentionally, that… Continue reading Avoiding Misrepresentation Claims During the Sale/Purchase of a Home
Attorney Daniel Davis Obtains Hard Fought Dismissal for Real Estate Broker
In this Kenosha County case, plaintiff buyer sued defendant seller for misrepresentation and the two settled the case. Seller then turned around and sued our broker client for Breach of Fiduciary Duty and Contribution for the settlement to buyer. Attorney Davis filed a Motion to Dismiss based on the two- year statute of limitations. Seller… Continue reading Attorney Daniel Davis Obtains Hard Fought Dismissal for Real Estate Broker
Attorney Gelshenen Obtains Dismissals Based on Statute of Limitations
In two separate cases, Attorney John Gelshenen obtained voluntary dismissals after filing motions to dismiss based on the applicable statutes of limitation. The first was a Sauk County case in which the buyer sued our client who acted as broker for the seller. The buyer alleged interference with Plaintiff’s Property Rights, Intentional Interference with Contractual… Continue reading Attorney Gelshenen Obtains Dismissals Based on Statute of Limitations
Attorneys John Gelshenen and Daniel Davis Obtain Dismissal for Real Estate Agent Three Times on Same
Case
In this Walworth County case, buyers sued sellers for misrepresentation surrounding the use of a pier on a Lake Geneva property. Sellers tried to bring our client into the lawsuit more than two years after the closing. Attorney Gelshenen immediately moved to dismiss the case based on the two-year statute of limitations. The court granted… Continue reading Attorneys John Gelshenen and Daniel Davis Obtain Dismissal for Real Estate Agent Three Times on Same
Case
Attorneys John Gelshenen and Daniel Davis Obtain Rare Dismissal on Summary Judgment for Real Estate
Agent
In this Dane County case plaintiff buyers sued the sellers, sellers’ real estate agent, and our client, who acted as buyers’ agent. Plaintiffs advanced claims for failure to disclose and breach of fiduciary duty against our client based on an alleged failure to disclose wildlife easements on the property. Buyers learned of the easements prior… Continue reading Attorneys John Gelshenen and Daniel Davis Obtain Rare Dismissal on Summary Judgment for Real Estate
Agent
Attorney Daniel Davis Obtains Dismissal for Real Estate Broker
In this Milwaukee County case, Plaintiff sued our client for failure to disclose material adverse facts that were “reasonably observable.” Attorney Davis immediately filed a motion to dismiss arguing that the duty to disclose is limited to material adverse facts that the buyer does not know or cannot discover through reasonably vigilant observation. Thus, Davis… Continue reading Attorney Daniel Davis Obtains Dismissal for Real Estate Broker
Attorney Daniel Davis Turned a Default Judgment into Full Dismissal for His Real Estate Agent Client
In this Winnebago County case, plaintiffs sued sellers for misrepresentation. Sellers brought our client into the case claiming contribution and indemnification. An answer to the complaint was never filed and Sellers moved for default judgment, which the judge granted. That meant that our clients were on the hook for any damages the Plaintiffs could prove.… Continue reading Attorney Daniel Davis Turned a Default Judgment into Full Dismissal for His Real Estate Agent Client