Our firm has handled many of these types of claims with very good results for our clients. If you have complaints involving loss of worth of your portfolio which you believe is not related to market fluctuations, please consult with Attorney David Daul who has substantial experience in these matters to discuss the matter in greater detail. Initial consultations are always free.

Land contracts are often used where the buyer cannot obtain conventional financing or when the buyer is a person of close relationship to the seller. There are, however, many risks for both the buyer and the seller in such circumstances. For instance, if there is a mortgage recorded against the property from a conventional lending institution, the land contract will be subordinate to the first place conventional loan. Also, if the seller of the real estate does not obtain the consent of the senior place mortgage holder, the “due on sale” clause involved in the applicable mortgage documents may require payment of the remaining balance on the mortgages as soon as equitable title is transferred. Therefore, it is crucial to have consultations with the first place mortgage holder if the land contract is considered. Buyers attempting land contracts without the assistance of an attorney may be unaware that there other mortgage loans recorded against the property!

Land contracts often give rise to legal disputes; therefore, it is extremely advisable to have an attorney assist you in either offering or accepting a land contract. Often these transactions are attempted by friends and family thinking that the matter can be handled informally and easily. However, the reality of the matter is that there are often complex issues that the parties are unaware of that are implicated in transferring equitable title in a land contract

Please consult with one of our attorneys including Attorney David Daul with regard to the issues associated with a land contract before entering into such an arrangement.

Employers are prohibited from retaliating against any employee who files a complaint, attempts to enforce a right permitted by statute, or testifies in a case or assists in a case under the State’s Labor Standards Laws.  The law’s protections also apply if an employer takes an adverse employment action against the employee because that employer believes the employee has exercised any of the above rights.

Employers are not required to provide meal periods to adult employees, but it is recommended in the law that employers provide 30 minutes or more for a meal period.  Employers must provide meal periods to all employees under the age of 18.  Meal periods provided to minors must be at least 30 minutes in length, and reasonably close to the usual mealtimes of 6:00 a.m., 12:00 p.m./noon, 6:00 p.m., and 12:00 a.m./midnight, or near the middle of the shift.  No minor may be employed for more than six consecutive hours without a meal period.  Employers must pay all employees for “on duty” meal periods.  An “on duty” meal period is one where the worker is not provided at least 30 minutes free from work, or where the worker is not free to leave the employer’s premises.  Employers are also not allowed to require that meals be accepted as part of the worker’s wages.

Employers may require applicants for employment, or employees, to take medical examinations.  The employer may pay the costs of those examinations if they are a condition of being hired or remaining employed.

Wisconsin sets minimum hourly wages which employer’s must use to pay minors under the age of 18 and adults.  The Wisconsin law applies to all private and public employers including non-profit organizations, regardless of whether they are covered by the Federal Minimum Wage Law.  A separate minimum wage rate exists for employees who receive gratuities or tips from patrons.  Employers must pay wages under the schedule for “tipped employees” if they can establish by payroll records that, when tips and wages are added together at the end of a pay period, they at least equal the general minimum wage rate.  Deductions also may be made for board and lodging, within limitations, which vary by employment and the employee’s age.  Sub-minimum wages are authorized only to employers licensed by the Department of Workforce Development who employ persons with disabilities, operate rehabilitation facilities, or participate in bonafide student/learner programs.

The law provides that all employees in establishments must be given 24 hours of consecutive rest in each calendar week.  The law does not provide that the rest must be given every 7 days.  An employer may legally schedule work for 12 consecutive days within a 2 week period if the days of rest fall on the first and last days of the 2 week period.  Some employers are exempt from this requirement.

Wisconsin has a general overtime pay requirement.  Workers, regardless of age, must be paid one and one-half (1 ½) times the regular rate of pay for all hours worked in excess of 40 hours per week, generally.  Certain occupations are exempted from overtime, such as administrative, executive, and professional employees, as well as certain outside sales and commissioned employees.  Often employers incorrectly categorize an employee as “exempt” and attempt to forego paying overtime.  This is often the subject of a dispute as to whether the exemption was appropriate or not.  There are many other facets to Wisconsin’s Employment Law that imparts certain rights in workers, such as the right of certain physical accommodations for manufacturing, mechanical and commercial establishments, sick and vacation pay.  Workers have rights to contest deductions that are inappropriate.

The law is quite complex and involves a statutory mix of Federal and State regulations.  If you feel that you have a Fair Labor Standards complaint, you should seek the assistance of legal counsel.  Attorney Daul has a vast amount of experience in this area and consults frequently with his clients on these subjects.

Very crucial in any analysis of such a circumstance is what the landlord knew, or reasonably should have known, with regard to the defect that caused injuries.  Often there is ambiguity as to what the landlord actually knew; however, in some circumstances where there was a negligent repair, it is unquestionable that the landlord was aware of such defects.  If you have experienced such circumstances, please call Attorney David Daul for further consultation. (920)437-8191.

First, the landlord/owner must notify the the tenants that a foreclosure action has been commenced against the property and if a judgment is entered, the date that the redemption period expires.  Second, the plaintiff (typically the lender) in a foreclosure action must provide tenants with notice when the foreclosure action is filed, when the foreclosure judgment is entered, and when the confirmation of the foreclosure sale is scheduled.  If a plaintiff in a foreclosure action fails to give the proper notices to the tenant, a tenant can seek damages up to $250, plus reasonable attorney fees.  These notice provisions allow tenants to be aware of what is happening with repect to where they live so they are not blindsided when they are told they need to vacate their apartment. 

In addition to the notice provisions, tenants are also allowed to stay in their residence for up to two months following the month when the confirmation of foreclosure sale occurs.  The tenants can also withhold the last period’s rent in consideration for their security deposit paid.  Once the confirmation of foreclosure sale occurs and the tenant decides to stay for an additional two months, the tenant must make arrangements to pay rent to the new owner and not the former owner of the property. 

These are just a few examples of the protections afforded to tenants when their landlord’s property has been foreclosed upon.  If you have further questions or desire additional information regarding a tenant’s rights, contact Greg Babcock at our office.

Our Green Bay, Wisconsin law firm routinely handles Small Claims for our clients and new or prospective clients. If you have a claim which may be a good match for Small Claims, please contact Attorney David Daul to discuss your case in greater detail. The attorneys at the Wanezek & Jaekels, S.C. law firm can help you in assessing the matter.