Articles
Protection of Confidential Information
Articles
Friday, 08 December 2006
The Wisconsin Supreme Court recently struck a blow for employers seeking to protect confidential business information.  In Burbank Grease Services, LLC v. Sokolowski et al., 2006 WI 103 (2006), the Court reviewed and reversed in part a decision of the Court of Appeals (2005 WI App 28). 
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A RULE IS A RULE EXCEPT ...
Articles
Wednesday, 04 October 2006
    Many of the rules relating to the ownership and conveyance of real estate appear to be clear and easily applied to hypothetical situations. However, in the real world those rules are subject to the desire of the courts to resolve disputes involving those rules in a fair and equitable manner.  An example is the Wisconsin Court of Appeals’ decision in Nettesheim, et al. vs. S.G. New Products, Inc., No. 2005AP287-FT.

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LIVE WITH YOUR DEAL
Articles
Wednesday, 04 October 2006

Real estate professionals know that a contract for the sale of real estate must be in writing.  So it should come as no surprise that the terms of the written contract will govern subsequent disputes.  A recent unpublished decision by the Wisconsin Court of Appeals, although dealing with residential property, has value for CARW members as well because the contract language at issue is commonly used in commercial transactions.

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CONSTRUCTION LIENS AND UNDERTAKINGS
Articles
Wednesday, 04 October 2006
 
    Construction liens can be a sticky problem when disputes occur between contractors and owners of property.  In 1849, the legislature first created a statutory construction lien law which is presently codified in Sections 779.01-779.17, Wis. Stats.  It was created to protect contractors, subcontractors, material suppliers and laborers when they provide construction services or materials for real estate.  The statute sections set forth a detailed procedure by which a contractor or subcontractor is able to enforce its rights against the real property of the owner regardless of a lack of contractual relationship.  The lien laws insure that the contractor or subcontractor will receive payment for providing labor or materials to improve real estate.


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Earnest Money Woes
Articles
Wednesday, 04 October 2006
EARNEST MONEY WOES

    A case decided in June of 2003 highlights the responsibilities and duties of real estate brokers in dealing with “earnest money”.  In Re/Max Realty 100 v. Basso and Basso Builders, Inc., 23 WI App. 146 (June 18, 2003), the facts are as follows:

 
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