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All Forum Posts by: Ryan Seib

Ryan Seib has started 4 posts and replied 261 times.

Post: Easement parking in front of my house

Ryan SeibPosted
  • Attorney and Real Estate Broker
  • Madison, WI
  • Posts 265
  • Votes 100

Is it an access easement or a parking easement, or both? I agree you need to read it. The easement should grant you certain use rights to that area. Anything not described by the easement someone else can probably prevent you from doing. 

Post: How To Start a CRE Capital Markets Firm

Ryan SeibPosted
  • Attorney and Real Estate Broker
  • Madison, WI
  • Posts 265
  • Votes 100

It is probably state-licensed. I would say reach out to the state's professional safety/licensing bureau. They should point you to the right licensing procedures. Beyond that you would market your services. I am a little unclear what your consulting would encompass. But you could maybe use or need some federal licensure as well (ie FINRA, etc). 

Post: Realestate Partnership Contract

Ryan SeibPosted
  • Attorney and Real Estate Broker
  • Madison, WI
  • Posts 265
  • Votes 100

Buy-sell provisions.

Post: Indemnification in the lease

Ryan SeibPosted
  • Attorney and Real Estate Broker
  • Madison, WI
  • Posts 265
  • Votes 100

Some general lease templates are invalid or illegal in certain states. Attorney fees shifting provisions are in lots of leases but illegal in Wisconsin. Illegal in that the landlord can be sued for extra damages for using the clause that is. The less legalese (that is unneeded), the better. A certain amount is necessary. The rest is not legalese. It is planning ahead. The more of that the better in my opinion. That assumes it does not scare away the person signing it. But if they read it that is a good screening mechanism.

Post: Help me understand this law

Ryan SeibPosted
  • Attorney and Real Estate Broker
  • Madison, WI
  • Posts 265
  • Votes 100

Its just defining the terms "single family dwellings" and "dwelling unit". The definition is a single family dwelling is for a single family. The question is whether your property qualifies to be defined as thus. These definitions are generally descriptive not prescriptive. The point is to determine if your property falls under some other definition. I agree you may want to contact someone who knows the answer with your question. BUT the zoning office is going to look into it if you do. So first stop would be someone else you know personally who has experience with the municipal code there, and/or a lawyer. The lawyer can call zoning if needed. You do not want to give them any hints who you are, or even your phone number. Or you could get a notice. It happens.

Post: Property Tax Assessment Appeal Help

Ryan SeibPosted
  • Attorney and Real Estate Broker
  • Madison, WI
  • Posts 265
  • Votes 100

Property tax is largely local politics, largely rubber stamp procedural. Follow the official process to the tee; do what you can to persuade the tax appeal board to go against the assessor; it is an uphill battle in my experience even if you have the facts on your side. Take an assessment of the possible amount in jeopardy and determine if it is worth the time investment. Or cost of hiring a lawyer for it. 

Post: Seller breached the contract for sewer line repair

Ryan SeibPosted
  • Attorney and Real Estate Broker
  • Madison, WI
  • Posts 265
  • Votes 100

Check whether the contract obligated seller to pay for the inspection. It is best if you have that legal basis first for them to pay you back. 

Post: Pre tax foreclosure bankruptcy

Ryan SeibPosted
  • Attorney and Real Estate Broker
  • Madison, WI
  • Posts 265
  • Votes 100

Agreed with Wayne. The tax liens are likely still attached to the property. Get a title search then evaluate what it would actually cost to buy. Usually a court orders a sheriff to sell it (ie foreclosure auction). But you can always ask the bank to buy it before it gets auctioned in my experience. 

Post: Question about extent of protection from Non-Recourse Loans

Ryan SeibPosted
  • Attorney and Real Estate Broker
  • Madison, WI
  • Posts 265
  • Votes 100

For my part I think the label "non recourse" is merely a headline. You actually have to read a loan commitment to know the answer to your questions. People mean different things by using the same term, often unintentionally or inadvertently. With important contracts almost the only important thing is what the document you sign actually says. Get a copy of it, pay a lawyer to evaluate it, is my advice. I hope that helps.

Post: WI Lease void due to clause violating Wis. Stats 704.44

Ryan SeibPosted
  • Attorney and Real Estate Broker
  • Madison, WI
  • Posts 265
  • Votes 100

Yeah ouch that is one of a few bad clauses in WI tenant law. You stepped on a land mine there. That said the alternative is probably okay: you get rid of the litigious tenants and re-sign all the others to a closer to market rent. If you can avoid the potential downside of having to litigate to evict someone or collect damages, so much the better good sir.