AVVO CLIENT CHOICE AWARD WINNER
Originally trained as a litigator, Jason knows that the best way to avoid problems is to start with a well thought out and carefully crafted document. Jason's clients benefit from his 23+ years of practice, his comprehensive knowledge of real estate law and his experience assisting clients in thousands of transactions.
Jason is a frequent lecturer on the topic of residential real estate transactions and is recognized by both the local and national media as an innovative leader in Wisconsin real estate law. As a member of the Wisconsin Realtor Association Real Estate Forms Committee, Jason lends his expertise to the WRA regarding the use and modification of Wisconsin State approved forms used in real estate transactions throughout Wisconsin.
Born and raised in New York City, Jason came to Wisconsin to attend the UW Law School. Along the way he fell in love with the Madison area and married the love of his life. In his free time, Jason may be found spending time with his family, playing tennis, sailing on Lake Mendota or searching for a lost golf ball. He lives in the Town of Middleton with his wife and two children.
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- Attorney Jason A Greller - Real Estate Lawyer, SC
- Knoll & Greller, SC
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- Madison City Attorney's Office
- University of Wisconsin Law School
- J.D. | Real Property Law
- Honors: Honors Level GPA
- Trinity College
- B.A. (1987) | International Studies
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- Wisconsin State Bar # 1025044
- Wisconsin Realtor's Association - Real Estate Forms Advisory Committee
- Wisconsin Realtor's Association
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- Practical Considerations in Residential Real Estate Transactions in Wisconsin, Madison, WI
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- Avoiding Residential Real Estate Pitfalls, Annual State Bar Symposium, Wisconsin Dells, WI
- State Bar of Wisconsin
- Attorney Jason A Greller - Real Estate Lawyer, SC
- Wisconsin Quitclaim Deeds & TOD Deeds
July 6, 2011 - In this video, attorney Jason Greller offers advice on avoiding residential real estate pitfalls. He discusses financing contingencies in the offer to purchase, real estate condition reports, and FSBO and flat-fee commission transactions.Avoiding residential real estate pitfalls
July 6, 2011 - In this video, attorney Jason Greller offers advice on avoiding residential real estate pitfalls. He discusses financing contingencies in the offer to purchase, real estate condition reports, and FSBO and flat-fee commission transactions.
- Q. We recently were going to purchase my recently passed dads home. We had it all set and 5 days before closing my
- A: Assuming that you have no contingencies remaining in the offer that you could exercise in good faith, then a failure to close on the part of the Buyer is a default. Assuming this is a standard WI WB-11 Offer to Purchase form, if Buyer defaults, Seller may: (1) sue for specific performance and request the earnest money as partial payment of the purchase price; or (2) terminate the Offer and have the option to: (a) request the earnest money as liquidated damages; or (b) sue for actual damages. Of course the underlying tragedy here is that you just lost your father and now his estate threatens to sue you. One would hope that the family and estate would reach an amicable resolution.
- Q. Can you require a tenant to leave premesis for a showing when the rented home is for sale? They are always 24hr notice.
- A: The answer to any lease question often depends on the terms of the specific lease. Generally, tenants are entitled to possession of the premises and the right to "quiet enjoyment" of the premises. Generally, landlords retain the right to enter the premises upon notice and that may include the right to show the property to prospective buyers. While the landlord has the right to enter, that right generally does not restrict the tenant's right to possession. In short, unless the lease specifically requires that the tenant vacate the premises during showings, the tenant has the right to be in the premises at all times including during showings. You may ask her to leave but she apparently has the right to be present.
- Q. Any legal options when a house is sold to another for much less than I offered? This was four months apart.
- A: Generally you would not have a claim against the bank unless you believe that the bank violated federal fair housing law by discriminating against you for a prohibited reason such as your age, race, religion or family status.
- Q. What rights does the seller's bank have in a short sale and can they make their own terms that go outside a written cont
- A: In a short sale the seller's bank has significant leverage. Essentially, they can dictate terms to release their lien and those terms may go beyond the agreement between the buyer and seller. Your question does not provide information on the type of lien the bank wanted satisfied or why they would condition their release on the payment of the lien. Nor am I privy to the lender's acceptance of terms between the seller and the lender. In regard to your lender's disclosures - the disclosures are limited to your closing costs. In the present case, it is essentially the seller and their lender amending the offer and requiring new terms to close. I'm not sure why this all happened so late in the process. Unfortunately, as I do not think the change is a change in terms of your loan or costs, I do not a path forward to claim that your lender is somehow responsible to make up the difference.
- Q. Hello I am looking for a lawyer who is familiar with real estate partitioning in Qzaukee county.
- A: You might try the law firm of Levy & Levy - a link to their website follows: http://levyandlevy.com/index.shtml
- Q. Is an email a binding contract or commitment to purchase in terms of real estate?
- A: Agreements to purchase real property in Wisconsin must conform to the requirements of Section 706.02 of the Wisconsin Statutes. That section sets forth the formal requisites for a sales contract or conveyance. Section 706.02(d) requires that the agreement be signed by all parties so email messages would rarely meet this requirement. A full copy of the text of the statute follows: 706.02 Formal requisites. (1) Transactions under s. 706.001 (1) shall not be valid unless evidenced by a conveyance that satisfies all of the following: (a) Identifies the parties; and (b) Identifies the land; and (c) Identifies the interest conveyed, and any material term, condition, reservation, exception or contingency upon which the interest is to arise, continue or be extinguished, limited or encumbered; and (d) Is signed by or on behalf of each of the grantors; and (e) Is signed by or on behalf of all parties, if a lease or contract to convey; and (f) Is signed, or joined in by separate conveyance, by or on behalf of each spouse, if the conveyance alienates any interest of a married person in a homestead under s. 706.01 (7) except conveyances between spouses, but on a purchase money mortgage pledging that property as security only the purchaser need sign the mortgage; and (g) Is delivered. Except under s. 706.09, a conveyance delivered upon a parol limitation or condition shall be subject thereto only if the issue arises in an action or proceeding commenced within 5 years following the date of such conditional delivery; however, when death or survival of a grantor is made such a limiting or conditioning circumstance, the conveyance shall be subject thereto only if the issue arises in an action or proceeding commenced within such 5-year period and commenced prior to such death. (2) A conveyance may satisfy any of the foregoing requirements of this section: (a) By specific reference, in a writing signed as required, to extrinsic writings in existence when the conveyance is executed; or (b) By physical annexation of several writings to one another, with the mutual consent of the parties; or (c) By several writings which show expressly on their faces that they refer to the same transaction, and which the parties have mutually acknowledged by conduct or agreement as evidences of the transaction.
- Q. My landlord wants me to pay for professional carpet cleaning, despite not clarified in lease agreement. What do I do?
- A: Both are true. Landlords cannot deduct this cost from security deposits and may seek to recover the costs through billing or an action to recover the cost. Under Wis Admin Code ATCP 134.06(3)(c) landlords cannot withhold from a tenant's security deposit for normal "wear & tear" even if included in a nonstandard rental provision. This means that a landlord cannot automatically deduct the cost of routine carpet cleaning from a tenant's security deposit unless the cleaning is necessary as a result of damage, waste or neglect and is, therefore, something more than normal wear & tear. It is acceptable to indicated in the rental agreement that the tenant is responsible for providing and paying for routine carpet cleaning. See DOJ letter to DATCP dated 7/31/13. But, if the tenant fails to do so, a landlord still cannot deduct the cost of routine carpet cleaning from the tenant's security deposit. Even though a landlord cannot deduct for cleaning specified in the rental agreement, the landlord may bill the tenant and may even file a claim to recover costs associated with carpet cleaning.
- Q. Can my landlord charge me for carpet cleaning? What about replacement if the carpet is 10 years or older?
- A: Under Wis Admin Code ATCP 134.06(3)(c) landlords cannot withhold from a tenant's security deposit for normal "wear & tear" even if included in a nonstandard rental provision. This means that a landlord cannot automatically deduct the cost of routine carpet cleaning from a tenant's security deposit unless the cleaning is necessary as a result of damage, waste or neglect and is, therefore, something more than normal wear & tear. It is acceptable to indicated in the rental agreement that the tenant is responsible for providing and paying for routine carpet cleaning. See DOJ letter to DATCP dated 7/31/13. But, if the tenant fails to do so, a landlord still cannot deduct the cost of routine carpet cleaning from the tenant's security deposit.
- Q. I own a duplex and live in one side. My tenants are not paying their utilities bill. What can I do?
- A: If the lease specifies that the tenant is responsible for the payment of utilities, then their failure to pay the utilities is a breach of the lease. Depending on the lease type, you could then deliver to them a Notice to cure their breach. If they failed to cure, within the allotted time, then you begin an action to evict them. You would want to consult an attorney regarding the Notice type to deliver which depends on your lease.