Best Real Estate Lawyers in Kenosha, WI

FAQs

• What is the non-emergency contact number for the local police station in Kenosha, Wisconsin?

  You can contact the local police station in Kenosha at 262-605-5100 for your non-emergency concerns.

• Where can I get a copy of police reports for incidents related to my case in Kenosha, Wisconsin?

  You can mail your request to 625 52nd Street, Kenosha, WI 53140, or send an email to info@kenosha.org. After processing, the copy of the police reports you requested will be mailed to you, or you can pick it up in person.

• What information must you disclose to a buyer when selling a home in Kenosha?

  As a seller, you are required to complete a Real Estate Condition Report and provide it to your property buyer in Kenosha. The form should include information on various property defects, including but not limited to:

  • Environmental defects, such as the presence of asbestos, mold, and pest infestations
  • Problems in plumbing or electrical systems, foundation, and overall structure
  • Land use issues, such as zoning violations and easements

• When buying a home in Kenosha, Wisconsin, what should you do if a seller fails to disclose property defects?

  You can pursue legal action against the seller of a Kenosha property once you discover property defects they have failed to disclose. However, you must prove that the seller intentionally concealed the defect. A real estate attorney can help in gathering evidence, such as investigating whether the seller has previously made property insurance claims.

• What are the grounds for tenant eviction in Kenosha?

  Failure to pay rent is one of the common grounds for eviction in Kenosha. For a month-to-month tenant who has failed to pay rent, the landlord can issue a 14-day eviction notice. The duration and conditions of the notice depend on the reason for eviction and the type of lease agreement. Criminal behavior and drug-related activities can also qualify a tenant for eviction.

• What counts as retaliatory eviction in Kenosha?

  You can contest your eviction if you believe it is a retaliatory eviction by your landlord. Sudden eviction after you have reported a violation of state building or housing codes is a common form of retaliatory eviction. An unprecedented increase in rent or refusal to renew a lease after the violation report can also be considered retaliatory eviction.

• What are the responsibilities of homeowner's associations in Kenosha?

  According to state laws, homeowner's associations in Kenosha have several responsibilities, including:

  • Filing of public notices containing general and contact information with the Department of Financial Institutions
  • Recording the covenants and restrictions for a residential planned community with the Register of Deeds
  • Providing a payoff statement, free of charge, within 10 business days after a property owner requests for it

• What does a real estate attorney do?

  Real estate attorneys are responsible for preparing and reviewing transactional documents and helping clients with the closing process. They draft purchase agreements, perform title searches, write title insurance policies, disburse funds, and prepare federally mandated HUD-1 settlement statements. They can also help clients understand the tax implications of selling a home. In the case of a dispute between the buyer, seller, or a third party, real estate attorneys also defend clients in court. Even if there is no identifiable dispute over the transaction, an attorney will make sure everyone “plays by the rules” during the purchase or sale.

• Can I purchase property without a real estate attorney?

  In some cases, it’s possible to purchase residential or commercial real estate without consulting a real estate lawyer. However, legal representation is required in approximately 20 states, and some jurisdictions require a lawyer to be present at the closing. Usually, real estate attorneys take over once real estate agents have an offer in hand. Buyers are encouraged to consult an attorney when purchasing damaged or bank-owned property or real estate located in high-risk areas. Attorneys can also assist out-of-town buyers and negotiate favorable solutions if liens, structural issues, or legal challenges crop up during the procurement.

• What does a real estate attorney do for a buyer/seller?

  Real estate transactions may seem cut and dried, but it’s common for unforeseen difficulties to arise. Attorneys who represent buyers or sellers can facilitate a successful transaction while protecting their clients’ interests and preventing costly mistakes. On the buyer’s side, attorneys can provide advice related to financing, estate planning, tax law, and first-time home buyer credits. Real estate attorneys can also help sellers who are dealing with challenges due to liens, structural damage, probate disputes, or uncooperative partners.

• What’s the difference between real estate and property?

  Real estate includes land, permanent structures, and natural resources, such as water, minerals, and trees. Property typically describes personal items and belongings that aren’t permanently attached to land. The transfer of real property includes the bundle of legal rights, which give landowners the freedom to possess or occupy the property, enjoy their land without interference, restrict others’ access to the property, and dispose of their ownership rights as they see fit.

• What happens when a real estate lawyer puts a lien on you?

  In most cases, liens stay attached to the property until the debt is satisfied or the debtor files for bankruptcy. The creditor’s rights vary depending on whether the lien is voluntary or involuntary. Additionally, if a lien has been perfected, that lienholder has priority over other creditors. Voluntary liens are most common when homeowners use their property as collateral against a secured loan. Involuntary liens are typically related to back taxes, court judgments, and child support. Properties are also subject to involuntary mechanic’s or materialman’s liens in case a customer or contractor fails to pay for materials or labor. Liens don’t necessarily prevent someone from transferring property, but most buyers want a title that’s free and clear.

• What does a real estate lawyer do at closing?

  Lawyers perform critical functions during every stage of the closing process. They draft and review documents, negotiate contracts, and finalize all of the details needed to close the sale. Attorneys who represent buyers can negotiate the terms of sales contracts, including contingencies, perform title searches to ensure that the seller can legally transfer ownership, and resolve issues related to third-party claims, liens, and easements. They can also assist with loan paperwork, title insurance, and other financial matters, such as taxes and transfer fees. Real estate attorneys who represent sellers are responsible for handling deeds, insurance declarations, and payoff letters.

• Do I need a lawyer to sell my house privately?

  Not necessarily. Some states require a real estate attorney to be present at the closing, but there are some situations when you might consider hiring one even if it's optional where you live. Examples might include:

  • You're selling the house with an uncooperative partner
  • You've inherited a property from an owner who is now deceased
  • You anticipate tax consequences

• Can a real estate lawyer represent the buyer and seller?

  Generally speaking, no, because the seller and buyer have different priorities when it comes to a home sale, and some of those interests conflict. States have specific laws governing whether or not a real estate lawyer can represent the buyer and seller, and if this does happen, there's often a waiver that has to be signed by both parties acknowledging a conflict exists. States may have different names for a document like this, but it's usually called a Conflict Waiver. Acceptable exceptions for using the same real estate lawyer might include a property being transferred from one family member to another, such as a father to his son.

• How much does a closing attorney cost?

  Some states require a closing attorney, while others deem it optional. The cost of hiring a closing attorney varies widely by the state and law firm you choose. You can expect to pay between $2,500 and $3,000 for a simple buy/sell transaction, but keep in mind that this cost is likely to vary depending on your location and the complexities of the closing.

• Do you need a lawyer to sell land?

  Technically, no, you don't need a lawyer to sell land, but there are some situations when it might be a good idea. You might consider hiring an attorney if you are faced with existing boundary disputes, involved in a sale of land that's partially wetland, or in circumstances concerning tax issues. Specific laws related to land vary by state, but one potential issue is the tax rate, which can differ depending on whether the land can have structures built on it.

• What role does a real estate lawyer play in mortgages?

  Lawyers can assist buyers and sellers in transactions involving bank financing. They can review the fine print, any title insurance declarations, and the mortgage terms. A real estate attorney also will ensure that funds are distributed to the correct parties, especially if there are any outstanding mortgages or liens that need to be paid before the title transfer.