Real Estate
Expert Real Estate Attorneys
• Family and Locally Owned
• Compassionate Legal Experts
• Family and Locally Owned
• Compassionate Legal Experts
Real Estate Transactions
Real property — whether it’s a home, a family cabin or a commercial building — is a significant investment and, for most people, the single biggest asset they have. No matter what it represents to you, it is important to protect it by seeking out knowledgeable guidance and representation from an experienced real estate attorney in Wausau, WI.
In the larger scheme of real estate, good legal representation can truly save you money. From the beginning of any real estate transaction contact our firm for an attorney to assist you in your real estate transaction.
Real Estate Law Advice and Services You Can Trust
Since 1920, the law firm of Schmidt & Schmidt S.C. has been helping people in the Wausau area and throughout North Central Wisconsin to buy, sell, lease, convey and protect their real estate assets. Our firm has a thorough understanding of real estate law in Wisconsin and provides a comprehensive range of residential and commercial real estate-related services. We provide assistance with:
- Real estate conveyances
- Easements
- Deeds and title issues
- Land contracts
- Family cabin agreements
- Setting up of a land partnership or hunting partnership
- Managed Forest Law lands
- Landlord/tenant disputes
- For Sale By Owner concerns
- Purchase offers
- Buy/sell agreements
- Boundary disputes
- Zoning variances and land use restrictions
- Eminent domain issues
- Adverse possessions
- Life estates
What is important to keep in mind with any type of real estate concern is that unless you have your own attorney, no one else involved can be relied on to protect your interests — not the broker, not the realtor, not the bank — no one. Considering what’s at stake, talking to a real estate attorney Wausau, WI trusts first only makes good sense. Lawyer Andrew Schmidt can help you to negotiate good terms, review proposed transactions or evaluate the issues you’re faced with, and he can help you to determine the right course of action.
Logging, Managed Forest Law, and Land Management
Attorney Andrew Schmidt, a Wisconsin Woodland Owners Association member and a woodlot owner, has enrolled his own land in Wisconsin’s Managed Forest Law program. Attorney Schmidt has some of his land in “Open MFL” registration and some of his land in “Closed MFL” registration.
At Schmidt and Schmidt S.C., Attorney Schmidt has seen a growing number of logging and forestry clients. He has assisted clients throughout Wisconsin with the following logging and land owner issues:
- Logging contracts and disputes
- Boundary intrusions and disputes
- Road contracts
- Helping with the transfer of MFL from one owner to another
- Hunting, vacation and cabin agreements
- Creation of LLCs
- Estate planning
- Pre-nursing home planning
- Life estate transfers
- Creation and use of revocable and irrevocable trusts
- Easements and road access
- Fence line disputes
Frequently Asked MFL Questions
DNR foresters can answer questions about the MFL and FCL programs. You can use the Forestry Assistance Locator to find the DNR forester(s) who has responsibility for each county. Go to http://dnr.wi.gov
and search “forest landowner.” Then click “Find a Forester,” and you will be able to use the Forestry Assistance Locator to find the DNR forester(s) who has responsibility for that area of the state.
DNR Wardens can answer questions about Wisconsin’s hunting seasons.
Landlord/Tenant Rights and Responsibilities
Whether you are a landlord or a renter, you have rights and you have responsibilities. When disputes arise, it is usually because at least one and usually both parties do not understand what these rights and responsibilities are under landlord/tenant law.
We represent both landlords and tenants in the Wausau area and throughout North Central Wisconsin. That said — most of our practice and background experience with landlord/tenant law issues is uniquely balanced between that of the landlord’s perspective and that of the tenant’s perspective. Some of the specific types of issues our attorney can help you with include:
- Rental agreements
- Disclosure requirements
- Security deposits
- Earnest money deposits
- Credit check fees
- Evictions
- Small Claims Court for Eviction
It is especially important for landlords to be aware of the proper steps that need to be taken in conducting their business as the owner of a commercial property. Missteps or mistakes can severely limit your options. Our firm can help you to avoid mistakes and to resolve disputes quickly and cost-effectively.
TIMELY QUESTION:
My lease states that I cannot move out between the 1st of November and the 31st of March. My landlord states that this is because she has difficulty finding tenants in these winter months. I have a month-to-month lease now. It was originally a year–lease but that was never renewed a year back. It is now December 1st and I will be going back to college in January. Am I obligated until March 31st of next year?
ANSWER: NO.
A landlord cannot enforce a lease that is longer than the month-to-month lease without first giving you a written Advance Notice that is 30 to 15 days before you are required to give your written notice-to-vacate
on the lease. Therefore, in your scenario, your landlord cannot hold you financially responsible for rent after December 31st assuming (1) the landlord did not give you written advance notice on or before November 15th and (2) you have given a written notice to your landlord on or before the 2nd of December of your intent to vacate
This also applies if your one-year lease ends during the same “no-move” period. The landlord must give you written notice between 30 and 15 days before you must give your notice. The Wisconsin Legislature has deemed this notice to not be a burden on the landlord.
For further information, please contact our law firm
for additional assistance.
In fact if the landlord tries to take you to small claims court for money damages arising from a failure to pay this rent after you vacated (November to March) you should raise as an affirmative defense (kind of like a counter claim) that the rental clause violates Wisconsin Administrative Code ATCP §134.09(3) and Wisconsin Statutes §704.15. The violation of Wisconsin ATCP law may allow you to seek double the damages the Landlord is seeking from you and also pay for your attorney’s reasonable fees. (Wisconsin Statutes §100.20(6)) You had best have an experienced landlord/tenant lawyer handling this for you or the Court Commissioner or Judge will probably — no, most likely — toss your affirmative defense/claim out in the ‘spirit of fairness’!
Below are the ATCP code and the Wisconsin Statutes:
Wisconsin Administrative Code ATCP §134.09(3)
Automatic Renewal Without Notice. No landlord shall enforce, or attempt to enforce, [emphasis by the drafter of this article] an automatic renewal or extension provision in any lease unless, as provided under Wis. Stat. §704.15, the tenant was given separate written notice of the pending automatic renewal or extension at least 15 days, but no more than 30 days before its stated effective date [for proper notice-to-vacate by the tenant to the landlord]. Clarification added by writer to ‘correct’ the ATCP language to more closely comply with Wisconsin Statutes.
Wisconsin Statute 704.15
Requirement that landlord notify tenant of automatic renewal clause. A provision in a lease of residential property that the lease shall be automatically renewed or extended for a specified period unless the tenant or either party gives notice to the contrary prior to the end of the lease is not enforceable against the tenant unless the lessor, at least 15 days but not more than 30 days prior to the time specified for the giving of such notice to the lessor, gives to the tenant written notice in the same manner as specified in s. 704.21 calling the attention of the tenant to the existence of the provision in the lease for automatic renewal or extension
Legislative Comment
This section is new. Some of the printed forms in use in Wisconsin provide for automatic renewal unless written notice is given a certain number of days in advance of the expiration date. Where the period for advance notice is more than 30 days, the clause is likely to be a trap for the tenant. The landlord is usually aware of the notice requirement since he drafts the lease, whereas typically the tenant of residential property does not realize the significance of the clause or forgets about the notice requirement long before his lease is to expire. Other states have already adopted legislation to prevent this abuse.
The statute applies only to residential property, not to commercial leases where both lessor and lessee want and need the protection of automatic renewal and are familiar with longer notice provisions. Under this section the tenant may enforce against his landlord an automatic renewal clause in a residential lease; only the tenant is protected by the statute and only the landlord must give notice alerting the tenant to the presence of the renewal or extension clause. This is because most residential leases are drafted by landlords, and landlords are more aware of their legal rights. The additional notice is not an unreasonable burden on landlords.
For Sale By Owner
Putting your home, business or undeveloped land on the market on a “for sale by owner” basis can save you thousands, and sometimes tens of thousands of dollars. By taking the real estate agent’s commission off of your bottom line you can probably sell your property when there is little equity in it or when you are reasonably certain you have the skills to do all of the leg work necessary.
In today’s real estate market, FSBO transactions are becoming more common and more attractive to sellers every year. When handled properly, the benefits are clear. There are, however, very dangerous pitfalls. By enlisting the help of an experienced real estate lawyer, you can avoid these pitfalls, protect your assets and still save thousands in the process.
While using a licensed real estate professional can be a god send – legally and financially – there are times when it is financially logical to sell the real estate on you own. Also, when the seller is skilled at the various aspects of marketing their own property the profits can be very rewarding. The costs of having a real estate attorney on your side are miniscule compared to the costs of not properly completing the real estate transaction by yourself.
Real Estate Advice You Can Trust
We know the North Central Wisconsin real estate market very well and have been helping property owners in this area conduct real estate transactions safely for almost 90 years. If you’re considering a “for sale by owner” transaction, our firm can provide you with knowledgeable advice and honest representation regarding issues that involve:
- Appraisals
- Surveying requirements
- Real Estate disclosure requirements
- Evaluating prospective offers
- Dealing with first time home buyers
- Earnest money
- Escrow accounts
- Home inspections
- Evaluating mortgage or leasing options
- Title issues or title insurance
- Closing
- Breach of contract disputes
- Deed, Land Contract and Mortgage documents
Our lawyers can save you hassle, time and perhaps lots of money by offering time tested advise and service. Real Estate forms, contracts and documents downloaded off of the Internet can help you to deal with some, but probably not all, of the issues that can arise. However, with hundreds of thousands of dollars at risk, seeking out the advice and assistance of a real estate attorney only makes good sense. Our firm can provide you with guidance you can depend on to conduct your transaction smoothly and, more important, safely too.
Deeds, Land Contracts, and Transfer on Death
Selling land? Buying a hunting 80? Want to leave your vacation cabin to family members without going through probate?
Our lawyer, Andrew W. Schmidt, will draft for your deeds, land contracts, life estate deeds, or transfer on death deeds in order to accomplish your intentions.
In order for us to provide efficient valued services, please bring with you the deed or real estate conveyances you have, your real estate tax bill, and the names, addresses, and other details of all of the parties involved.
A life estate deed is a popular tool for those who wish to give their property away so that it will not have to be sold to pay for nursing home care.
All real estate transactions in Wisconsin are recorded with the Register of Deeds in the county where the real estate is located.
Here are some of the deeds and other real estate forms that can be prepared for you:
- Trustee’s Deed
- Guardian’s Deed
- Personal Representatives Deed
- Life Estate Deed
- Warranty Deed
- Quit Claim Deeds
- Right of First Refusal
- Option Contracts
- Any real estate sale or purchase contract or agreement
- Promissory Notes and Mortgages
Boundary Disputes
Last year in the eastern part of our county, Attorney Andrew Schmidt assisted a couple with a most distressing problem. When they bought their house on 3 acres of land they were told where the property corners should be. In fact there were ‘sticks’ where the property corners were according to the seller. The couple did not have the property surveyed. In a unique provision in an addendum to the Real Estate Offer to Purchase the buyers were advised to have the property surveyed. In order to save money the husband ‘paced’ off the dimensions. It turns out that after this couple spent tens of thousands of dollars on a pole building/garage, they found out that 16 feet of the building was on the property of the owners to the north. Those owners demanded the buildings removal immediately.
What went wrong? No survey and relying on a person’s words.
What can be done? The owners had commenced a lawsuit demanding the garage be removed. Instead of fighting, the couple and the land owner, with the aid of Attorney Andrew Schmidt, reached a settlement whereby the couple was able to purchase the needed real estate in order for the couple to keep the garage and make the property suitably sized for its intended use.
Not all cases end without litigation, and in the above example the couple paid dearly for the additional one-half acre of land needed. It was far cheaper than moving the garage after the expense of a court proceeding. Our attorney Andrew Schmidt can sit with you to review your boundary line dispute.
High-Quality Representation at an Affordable Cost
For answers to your questions about Wisconsin real estate law, land contract purchases or real estate conveyance options — call or email us to schedule a consultation. Weekend and evening times are available by appointment. We can also meet with you in your home, in a health care facility or in another setting, if necessary. Major credit cards are accepted.
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