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Discovering an undisclosed problem shortly after moving into a newly purchased house can be an aggravating experience for a new homeowner.

It is particularly frustrating for the homeowner who obtained a pre-purchase inspection as part of the house purchase. When the basement of the house begins to experience water intrusion after every rain, the homeowner begins to theorize that the home inspector negligently overlooked critical signs during the inspection.

Kevin Trost, U.W. 1998, is the founding member of…
Continue Reading What Home Inspectors Aren’t Legally Responsible for May Surprise You

On August 7, in Frazier v. Equifax Information Services, LLC, the United States Court of Appeals for the Seventh Circuit affirmed a lower court’s decision to grant summary judgment to defendant Equifax, a consumer credit reporting agency (CRA), in a case brought under the Fair Credit Reporting Act (FCRA).
Continue Reading Will Credit Bureaus Continue to Escape Justice? Part 1: Why Consumers
Suffer

The ever-changing landscape of state government requires businesses across all industries to stay informed on the happenings in Madison. Welcome to the June 2024 Recap issue of the Capitol Connection.

Inside this issue

Vos Recall Denied by Elections Commission

A months-long back-and-forth between Assembly Speaker Robin Vos and a group seeking to recall the Republican leader ended on June 27th when in a 4-2 decision, the Wisconsin Elections Commission decided that organizers of the effort failed to collect enough…
Continue Reading Capitol Connection, June 2024 Recap

Contracts form the foundation of many business transactions and relationships. When one party fails to fulfill their obligations under a contract, the other party will need to determine how to address the breach of contract. Commercial litigation may be necessary to resolve contract disputes. By demonstrating that they have suffered harm due to a breach of contract, the injured party can receive appropriate remedies. An experienced attorney can provide representation in these cases, helping injured parties seek remedies…
Continue Reading When Can Civil Litigation Address a Breach of Contract?

As of February 13, 2024, the American Society for Testing and Materials (ASTM) E1527–21 “Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process” is now required when Phase I Environmental Site Assessments (ESAs) are conducted by environmental consultants to qualify for the innocent landowner defense, or the bona fide prospective purchaser or contiguous property owner liability protections, under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (see: 42 U.S.C. 9601 et seq.).

The goal of…
Continue Reading Use of the ASTM E1527-21 Phase I Environmental Site Assessment Standard Practice is Now Required to Meet CERCLA Liability Protections

As the demand for renewable energy sources continues to grow worldwide, landowners and developers have realized the potential in harnessing the power of solar and wind energy in Wisconsin. Wisconsin is well known for having large swaths of flat, open land, often used for traditional farming activities. Such topography is perfect for energy companies looking to expand their generating capacity, often paying landowners a premium for the use of such land.  

Leasing and easement arrangements are the essential methods…
Continue Reading Solar and Wind Lease Agreements

The City of Milwaukee (and various other municipalities) has sent its Biennial Property Tax Exemption Report and Filing Fee Notices. Owners of tax-exempt real property in Wisconsin must file a Form PC-220 Tax Exemption Report (the “Report”) by March 31, 2024, to ensure their property is properly classified and continues to be recognized as tax-exempt. The Report must be filed with the clerk of the town, village, or city in which the property is located biennially of each even…
Continue Reading Wisconsin Real Estate Property Taxes: Biennial Exemption Report Filing
Deadline – March 31, 2024

On February 7, 2024 FinCEN issued a Notice of Proposed Rulemaking that FinCEN issued a Notice of Proposed Rulemaking that would require certain professionals involved in real estate closings and settlements to report information to FinCEN about non-financed transfers of residential real estate to legal entities or trusts. FinCEN’s proposal targets residential real estate transfers considered high-risk for money laundering.

FinCEN states that illicit actors often favor non-financed transfers or “all-cash” sales of residential real estate to avoid scrutiny…
Continue Reading Enhancing Transparency in Real Estate: FinCEN’s New Reporting Requirementsfor Non-Financed Transfers

Posted on January 31, 2024 in Real Estate
Real estate is a complex and multifaceted field that involves numerous legal concerns, and there are a variety of reasons that disputes may occur. When conflicts arise, real estate litigation may become necessary to resolve these issues through the court system. Buyers or sellers who are involved in real estate transactions or property owners who encounter legal concerns can work with an attorney to determine their best options for resolving disputes…
Continue Reading What Issues Can Be Addressed Through Real Estate Litigation?

Posted on January 15, 2024 in Mediation
In today’s fast-paced world, conflicts and disputes are inevitable. When individuals or businesses find themselves involved in civil disputes, they often turn to the legal system for resolution. However, civil litigation can be time-consuming, expensive, and emotionally draining.

Fortunately, there is an alternative method of resolving civil disputes that is gaining popularity: mediation. During this voluntary process, a neutral third-party mediator helps the disputing parties reach a mutually acceptable agreement. Mediation…
Continue Reading Types of Civil Disputes That Can Be Resolved by Using Mediation

The intersection of access easement rights and timber rights presents an interesting question for attorneys practicing in rural areas.

Access easements often become overgrown with and blocked by trees and other vegetation, especially in wooded areas of northern Wisconsin. When this happens, both the benefited and burdened property owners may ask “what right does the easement holder have to cut timber on the burdened property?”

Unfortunately, this question does not have an easy answer, though Wisconsin’s statutes and case…
Continue Reading Easement Rights versus Timber Rights

On October 10, 2023, the Indiana Supreme Court denied a landowner’s petition to transfer filed  in the matter of State of Indiana v. The Market Place at State Road 37, LLC, et al., 22A-PL-2765 (May 17, 2023), and as a result, did not consider certain novel issues presented by the owner’s chain of title. The Market Place at State Road 37, which owns property near the intersection of State Road 37, now I-69, and Fairview Road in Greenwood, Indiana,…
Continue Reading Nearby Road Closures Remain Non-Compensable in Indiana Eminent Domain
Proceedings