New law protects home buyers
MADISON -- Gov. Jim Doyle has signed into law a bill that allows home buyers who believe a seller has lied to sue for fraud to recover damages.
The law change Doyle signed Wednesday reverses a state Supreme Court ruling from last year that said such lawsuits were not allowed.
The proposal sailed through the Legislature with bipartisan support. It was backed by the Wisconsin Realtors Association, a group representing trial lawyers and the state Home Inspectors Association.
Bill sponsor Sen. Jon Erpenbach, D-Waunakee, said it is difficult to prove fraud, but in cases where it exists, home buyers should have that as a remedy.

Apr 9, 2009 at 1:19 p.m.
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Doyle is an idiot. Period.
Apr 9, 2009 at 1:13 p.m.
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RetiredAirForce - You got it exactly right. Like I said in my earlier post, the Wisconsin law already exists to protect against home seller fraud. It has been proven successful in court many times.
jviers77 - Do you even know what this law is about? It seems as though you just want to make the issue another (very old and boring) "anybody but Bush" brain dead political fight.
Apr 9, 2009 at 10:47 a.m.
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Jviers77 did you read the opinion of the supreme court in the case? - “If, as PLAINTIFF alleges, the DEFENDANTS knew of the defective sewer line and failed to disclose that information as required by statute, then they have breached the terms of the property condition contract and PLAINTIFF has a breach of contract action against them for which contractual remedies would be available.” - That means the homeowner was already protected by current laws in place. This ruling did not support fraud; on the contrary it stated if in there was a breech of contract the seller is liable….how more straight forward do you want it; regardless the party behind the law? The law put in place by Doyle adds punitive damages on top of actual damages...this is a law adding money for lawyers it does not protect buyers anymore than the old law.
Apr 9, 2009 at 10:15 a.m.
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Mr. Air Force, I guarantee had Scotty Mac passed this bill while he was in office, you'd support it wholeheartedly. Your hatred toward Democrat's and 'liberals' is glaring in your statement. If you bought a house and found out after you bought it that the seller lied about or deliberately hid information, wouldn't you want to sue to cover costs of repairs? Think about it...I know it's difficult for you to show some empathy for another, but this doesn't seem to me to be a liberal vs. conservative issue.
Apr 9, 2009 at 1:14 a.m.
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http://gazettextra.com/news/2008/aug/06/...
Exactly, a law created by a former attorney to help current attorneys. All because they did not like the ruling made by judges who upheld current law. So how do you fix it? Change the law to what you wanted in the first place.
Apr 8, 2009 at 8:10 p.m.
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The court rules one way and its the darn "liberal" judges. The legislature passes a law to put the protections back in place and its those darn democrats.
Don't you guys see your hypocrisy?
Apr 8, 2009 at 8:09 p.m.
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hurray, the gov protects us from ourselves because we are just to stupid to get anything.
Apr 8, 2009 at 7:31 p.m.
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There is a simple solution to this new law. All home sales contracts will now include a clause: "This home is being sold AS IS, with no warranty offered or implied. The buyer agrees that the seller may not be aware of, or may not have informed the buyer about any and all defects, deficiencies, covenants, code violations, ugly paint colors, bad wallpaper choices, grumpy neighbors, or dead pets buried in the backyard."
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Potential buyers will adjust their due diligence pre-offer inspections and potential sellers will be a little more reticent about having the Post Office forward mail to their new address.
Apr 8, 2009 at 7:30 p.m.
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The protection already existed under contract law...it's called a "Seller Disclosure Statement' that the seller must sign.
It's been around for years. It is a specific documentation of the seller's knowledge of defects, not what the buyer "believes".
This new law is for lining the lawyer's pockets.
Apr 8, 2009 at 6:11 p.m.
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What, our governor signing a law that lines the pockets of trial lawyers...can't be, not our governor. Just what we need, a law to make it easier to file frivolous lawsuits. Great wording, if the homeowner "believes" they were lied to, nevermind having any concrete proof. This should really help those of us whose home values have already gone in the crapper, no thanks to our governor mind you. What's next, if you have a bad dream in the house you bought you'll be able to sue all the former owners for mental distress? I believe Jim Doyle is an idiot, can I sue him? I'll settle out of court for his resignation.
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