Legal Question in Real Estate Law in Wisconsin

We are buying a foreclosed property from a bank. They have paid for a person to plow the snow in the winter and that person broke the septic cover. It sat open the for months during the winter. We are wondering if the bank paid for the plowing, don't we have a leg to stand on to have the bank fix the damage?


Asked on 5/15/17, 7:17 am

1 Answer from Attorneys

JAY Nixon nixon law offices

Many real estate sales these days are "as is," and foreclosure purchases from lenders are even more so, so nobody should attempt them without assistance from experienced civil litigation/real estate counsel. My guess is that the bank was very clear about that in your closing documents, so that you were in a "buyer beware" scenario and took the property exactly as it existed, warts and all, the discovery of this pre-existing damage is one of the hazards you face any time that you buy property covered by snow, or otherwise uninspectable. Buying real estate does not allow you to inherit property damage claims owned by the previous owner, but your attorney could always attempt to negotiate to purchase such a claim from the previous owner, if it is worth that much trouble and expense.

This answer is not legal advice and I am not your lawyer just because I answered it on a public website. Feel free to view my past answers to similar questions on AVVO at https://www.avvo.com/attorneys/53566-wi-jay-nixon-1529181/answers.html . Also see 15 years of past answers at http://www.lawguru.com/answers/atty_profile/view_attorney_profile/jknixon and https://www.facebook.com/NixonLawOffices . Answers may contain attorney advertising materials and both questions and answers may be may also be used in attorney advertising. .

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Answered on 5/21/17, 6:07 am


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