Attorney Pollard

Am I Legally Required to Sign a Real Estate Condition Report?

November 17, 2014

Am I Legally Required to Sign a Real Estate Condition Report?


Although many Sellers are told that they are “required by law” to fill out and sign a Real Estate Condition Report (RECR), the relevant statute provides a number of exceptions. For instance, “personal representatives, trustees, conservators, and fiduciaries who are appointed by, or subject to the supervision of, a court” are excepted from RECR’s. (Wis. Stat. 709.01(2)).

Moreover, even if you are just a normal seller, you may be excepted from filling out a RECR. For example, the statute provides that if the buyer signs a written waiver, then you do not have to fill out the RECR. (Wis. Stat. 709.08). Similarly, if the buyer proceeds to closing without receiving the RECR, the buyer can no longer rescind the contract because of the lack of an RECR. (Wis. Stat. 709.08).

Underinsured Motorist Coverage: A False Sense of Protection

July 15, 2014
Underinsured Motorist Coverage protects me from other drivers cut rate insurance, right?
Unfortunately, underinsured motorist coverage is misleading. The name implies that it will cover an injured insured when the other driver doesn’t have enough coverage to pay for the damages. However, many clients are shocked to learn that their underinsured motorist coverage will not be added on top of the other driver’s cut rate insurance to pay off the insured’s damages.