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Rudolph J. Kuss

Rudolph Kuss’s Answers

333 total


  • Who am I allowed to contact or deal with my cases when my attorney stopped working on my cases,and plans to withdraw from case?

    Rudolph’s Answer

    Your attorney is still your attorney until the Court allows him or her to withdraw. If you find a new attorney, your present attorney might stipulate to a substitution of counsel so that you don't have to wait for the Court to hold a motion hearing. Even if you're worried about missing an interrogatory answer deadline, it's almost certainly NOT in your best interest to contact opposing counsel.

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  • If a Buyer to a real estate transactions refuses to close, does the Seller have to vacate the property?

    Rudolph’s Answer

    This question is impossible to answer as phrased. A buyer cannot vacate a property that he or she does not own yet. A buyer does not receive proceeds from a sale. Please try again.

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  • Can real estate sellers be sued for breach if the original offer has expired and only one owner signs an amendment for more time

    Rudolph’s Answer

    This question is difficult to answer because of how it's phrased. I assume that there was an accepted offer with an August 20th CLOSING deadline. If the married sellers both signed the offer, then the buyer needed to obtain an amendment extending the closing deadline until September 20th with both of their signatures. Otherwise, the closing deadline was August 20th. If the buyer was not ready, willing, and able to close on August 20th, then the buyer breached the contract.

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  • Ex boyfriend lived rent free in my house, and now he seeks reimbursement for some construction he did. Can he sue?

    Rudolph’s Answer

    His claim is for unjust enrichment. He will have to prove that he conferred a benefit on you by making improvements to your property, that you had an appreciation or knowledge of those benefits, and that you have retained those benefits under circumstances making it inequitable (or unfair) to retain them without paying their value. It helps you if these improvements were understood as gifts. It also helps you that he didn't pay rent or other expenses.

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  • Can I personally serve a civil claim document to our son's attorney?

    Rudolph’s Answer

    You should use a process server or a sheriff's deputy unless these parties agree to sign admissions of service. You shouldn't assume that service on your daughter-in-law's divorce attorney equals service on your daughter-in-law in your civil case. Your daughter-in-law's attorney might not represent civil litigants. If a process server showed up at my office wanting to serve one of my clients in another case through serving me, I would tell him that I'm not authorized to accept service.

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  • My Wisconsin Real Estate Agent was a Dual Agent but I never signed a WB-36; Found out right before closing. What are my options?

    Rudolph’s Answer

    As seller, you should have signed a WB-1 Residential Listing Contract. A WB-36 is a Buyer Agency Agreement.

    The real issue is whether or not you consented to Multiple Representation Relationships in the WB-1. There are three options:

    1. You could have rejected multiple representation relationships. Under that scenario, your listing firm could not have represented the buyer in this transaction.

    2. You could have consented to multiple representation relationships without designated agency. Under that scenario, your listing firm could have represented the buyer but was required to remain neutral.

    3. You could have consented to multiple representation relationships with designated agency. Under that scenario, your listing firm could have represented the buyer but not through your same agent.

    Please look at the top of Page 3 of 6 of the WB-1. Which option did you select?

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  • Should I get a lawyer for this?

    Rudolph’s Answer

    Yes, you have a potential claim against the contractor or its insurance company.

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  • Where do I find a specific Circuit Court rule (Wisconsin)?

    Rudolph’s Answer

    Here are the local rules in Waukesha County:

    https://www.waukeshacounty.gov/CircuitCourts/LocalRules/CivilCourtRules/

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  • Do I have to give the sellers realtor a copy of my home inspection?

    Rudolph’s Answer

    Pursuant to lines 191-192 of the WB-11 Residential Offer To Purchase, you are required to promptly provide copies of all inspection and testing reports to the seller. Assuming that these lines were not stricken and the seller's real estate agent is listed as the seller's recipient for delivery on line 548, the answer to your question is "yes."

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  • Is chapter 709.05 only referring to the condition report?

    Rudolph’s Answer

    Yes, Wis. Stat. s. 709.05 refers only to the Real Estate Condition Report. You should reconsider purchasing a home if the seller refuses to furnish a condition report. That being said, you may be able to back out of the contract if your offer is contingent on a home inspection report that discloses no defects and your home inspector identifies defects in his home inspection report.

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