Real Estate-Attorney Fees 

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WI Court of Appeals – District III

Case Name: Karen Zahran v. Christine Rademacher

Case No.: 2023AP000605

Officials: Stark, P.J., Hruz and Gill, JJ.

Focus: Real Estate-Attorney Fees 

This involved a failed real estate transaction. The Zahrans, acting pro se, alleged that they had an agreement with the Rademachers to jointly purchase and split a property. When this arrangement fell through, the Zahrans filed multiple claims, including breach of joint enterprise, declaratory judgment, breach of contract, and promissory estoppel.

The circuit court granted summary judgment in favor of the Rademachers, finding that any agreement between the parties constituted a joint venture to purchase real estate, which must be in writing under the statute of frauds. Since there was no written contract, the Zahrans’ claims could not succeed. The court also dismissed the Zahrans’ claim for intentional misrepresentation due to a lack of supporting facts.

Additionally, the court issued sanctions against Robin Zahran for misconduct and ordered him to pay over $28,000 in attorney fees to the Rademachers. However, the Court of Appeals found that Robin’s due process rights were violated because he was not given an opportunity to review or challenge the detailed accounting of the attorney fees before the judgment was issued. Consequently, while the summary judgment and sanctions orders were affirmed, the judgment for attorney fees was reversed and remanded for further proceedings.

Affirmed in part; reversed in part remanded.

Decided 06/25/24

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