Real Estate
Wisconsin Supreme Court Case Highlights Need for Clarity in Restrictive Covenants

Wisconsin Supreme Court Case Highlights Need for Clarity in Restrictive Covenants

A recent decision by the Supreme Court of Wisconsin highlights the need for developers and property owners to be clear and precise in drafting restrictive covenants. Richard Forshee v. Lee Neuschwander, Docket Number 2016AP1608, illustrates that even the state’s highest court can have difficulty in understanding and applying owner intent. The...

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Recent Wisconsin Supreme Court Decision Clarifies “Substantial Variance” Standard Impacting Real Estate Brokers and Sellers.

Recent Wisconsin Supreme Court Decision Clarifies “Substantial Variance” Standard Impacting Real Estate Brokers and Sellers.

On May 10, 2018, the Wisconsin Supreme Court released a game changing decision in McNally v. Capital Cartage, Inc., 2018 WI 46 impacting the potential commission for real estate brokers as well as the obligations of brokers and sellers. The Court held that a substantial variance between a full price offer and the listing contract can be declared...

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Automatic Renewal Clauses in Business Contracts

Automatic Renewal Clauses in Business Contracts

By Thomas V. Rohan Early in my legal career, I did a considerable amount of commercial collection work. Some of the more routinely contested cases involved service contracts with automatic renewal clauses, that is, provisions that resulted in a contract being renewed for a new term, sometimes for as long as five years, if the customer did not...

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Purchasing LLC Membership Interests vs. Real Estate: Pros and Cons

Purchasing LLC Membership Interests vs. Real Estate: Pros and Cons

By Michael Van Someren & Joseph E. Tierney, IV When a real estate transaction closes in Wisconsin there is a transfer fee that must be paid to the State of Wisconsin which is equal to 0.3% of the purchase price. Additionally, the sale price is factored into the assessed value of the real estate. Unfortunately, this often means that after...

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Using Your “Disadvantaged Business” to Your Advantage

Using Your “Disadvantaged Business” to Your Advantage

By Ryan M. Spott & Michael Van Someren If your business provides goods/services to governmental agencies, construction or other projects that have some sort of governmental financing (e.g., loans from state, county or municipal bodies), or is part of a supply chain for contractors that fall into such categories, you may qualify for the...

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