Wisconsin Business Law Blog : Waukesha, New Berlin, Oconomowoc Corporate & Real Estate Lawyer & Attorney

Buying residential real estate in Wisconsin almost always entails using an "Offer to Purchase," also known as form WB-11. In a recent article written for the March issue of the Wisconsin Lawyer magazine, entitled "Using the New, Flawed Residential Offer Form," Richard J. Staff criticized the current draft of the form which requires mandatory use by real estate licensees in Wisconsin after March 1, 2010.

Staff points out problems with the new form that relate to:

• closing prorations
• financing contingencies
• the "gap" endorsement
• conveyance of title

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Expiring Deadline

Unless Congress acts soon, the Homebuyer Credit that was extended and expanded last November by the Worker, Homeownership and Business Assistance Act of 2009, is set to expire. Under that act, in order for “first time homebuyers” to take advantage of the up to $8,000 tax credit and for certain “qualified repeat homebuyers” to take advantage of the up to $6,500 tax credit, they must meet one of the following timing deadlines to be eligible for their applicable credit:

                (1) must have purchased the new home on or before April 30, 2010 (which means the date that the taxpayer closed on the transaction and title to the property transfers to the taxpayer homebuyer);

                OR

                 (2) (a) the purchasing taxpayer homebuyer must have entered into a binding contract for the purchase of a home on or before April 30, 2010; AND (b) must close on the home on or before June 30, 2010.

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Businesses sometimes seek to appear in court through their officers or other employees, and wonder whether this can be done.

The Wisconsin Constitution provides that any individual may represent himself/herself in court.  Unless licensed as an attorney in the state, however, no person may represent another person, corporation, partnership, association or organization in court; doing so constitutes the unauthorized practice of law according to Sec. 757.30(2) of the Wisconsin Statutes..

A business may be represented by a duly authorized employee in small claims court, by statutory exemption.  Otherwise, a nonlawyers' representation of a business in ccourt, regardless of its form (unless it is a sole proprietorship, of course) is punishable as a misdemeanor, and can constitute contempt of court.

It may also lead to the dismissal of an action commenced by the business represented by a nonlawyer, or default judgment against a business which seeks to defend itself through a nonlawyer.  This is because the pleadings signed by the nonlawyer are considered fundamentally defective.

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