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
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Tag: Real Estate
Attorneys John Gelshenen and Daniel Davis Obtain Rare Dismissal on Summary Judgment for Real Estate
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
Attorney John Gelshenen Obtains Dismissal at Trial For Real Estate Agent
In this Milwaukee County case, plaintiffs alleged a false advertising claim against the seller for alleged false information contained in the MLS listing and the Real Estate Condition Report. Sellers dragged the seller’s real estate agent into the lawsuit claiming that the agent was to blame and should have to pay the plaintiffs. After numerous… Continue reading Attorney John Gelshenen Obtains Dismissal at Trial For Real Estate Agent
Real Estate: Failure to Disclose Can Lead to Legal Jeopardy
Real estate professionals must understand responsibilities for disclosures to avoid unnecessary litigation
Five things Real Estate professionals should do to minimize the risk of a lawsuit
Tips for real estate professionals to minimize risk of lawsuit
Attorney Gelshenen Wins Case for Broker Client Accused of Misrepresenting Bedroom in Listing
In this case, a home had been listed as a four-bedroom home by a prior agent/broker. Our client took over the listing and listed it as a four-bedroom home. Prior to the listing, the local municipal assessor inspected the home and assessed it as a four-bedroom home. At some point after closing, the buyer believed… Continue reading Attorney Gelshenen Wins Case for Broker Client Accused of Misrepresenting Bedroom in Listing
Attorney Gelshenen Wins Case and Appeal for Real Estate Broker Client
In this case our real estate broker client was sued for breach of brokerage duties and breach of contract. After a year of litigation, Attorney Gelshenen won the case and had the case dismissed on summary judgment. The plaintiff appealed, and Attorney Gelshenen won the case again, this time in front of the Wisconsin Court… Continue reading Attorney Gelshenen Wins Case and Appeal for Real Estate Broker Client
Attorney Gelshenen Obtains Favorable Result for Real Estate Broker Dragged into Lawsuit by Buyers Who Breached the Purchase Agreement
In this case the sellers of a home sued the prospective buyers after the buyers breached the purchase contract and refused to buy the property. The buyers then sued our real estate agent client who represented the sellers, claiming that the agent did not add a contingency they requested when he drafted the offer to… Continue reading Attorney Gelshenen Obtains Favorable Result for Real Estate Broker Dragged into Lawsuit by Buyers Who Breached the Purchase Agreement
Attorney Gelshenen Obtains Favorable Result for Real Estate Agent
In this case a buyer sued our real estate agent client after she received notice from the city of the amount of an upcoming special assessment. The fact that a special assessment was coming was fully disclosed prior to closing. Attorney John Gelshenen vigorously defended the agent and ultimately obtained a favorable result. If you… Continue reading Attorney Gelshenen Obtains Favorable Result for Real Estate Agent