Legal Question in Real Estate Law in Wisconsin

Does a summons require all parties to be named

4 family members received a farm through an inheritence. We sold it. I have received a summons to appear in small claims court for a water softner that the plaintiff says was not disclosed to him as being rented at the time of sale.I am the only one listed on the summons. Shouldn't the other 3 be summoned as well? I live in Wisconsin, they live in Arizona.


Asked on 1/26/05, 10:00 am

1 Answer from Attorneys

Thomas Schober Schober Schober & Mitchell, S.C.

Re: Does a summons require all parties to be named

The question is: whether the sellers have joint and several liablility. The answer may be in your contract for the sale of the property. In any event, it is the Plaintiff's problem if the liability is not joint and several, because then a judgment would only be partially enforcible against you. On the other hand, why don't you look at your contract and determine if you notified the buyer that the softner was a rental unit. If not, you may have liability, and perhaps the 4 of you should just agree to kick in the cost of replacing the unit. There may be other factors to consider: when the buyer saw the home, was the unit clearly marked as a rental and did the buyer then know it? That is not likely, but should be asked.

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Answered on 1/26/05, 10:53 am


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