9: Definitions: Fraud, Retaliation, Abatement, etc.

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What is fraud?
#1.  Fraud is generally defined in the law as an intentional misrepresentation of material existing fact made by one person to another with knowledge of its falsity and for the purpose of 
inducing the other person to  act, & upon which the other person relies with resulting injury or damage.  Fraud may also be made by an omission or purposeful failure to state material facts, which nondisclosure makes other statements misleading.  

#2.  To constitute fraud, a misrepresentation or omission must also relate to an 'existing fact', not a promise to do something in the future, unless the person who made the promise did so without any present intent to perform it or with a positive intent not to perform it. The false statement or omission must be material, meaning that it was significant to the decision to be made. For injury or damage to be the result of fraud, it must be shown that, except for the fraud, the injury or damage would not have occurred.

#3.  To constitute fraud the misrepresentation or omission must be made knowingly and intentionally, not as a result of mistake or accident, or in negligent disregard of its truth or falsity.
Also, the plaintiff must prove that the defendant intended for the plaintiff to rely upon the misrepresentation and/or omission; that the plaintiff did in fact rely upon the misrepresentation 
and/or omission; and that the plaintiff suffered injury or damage as a result of the fraud.  Damages may include punitive damages as a punishment or public example due to the malicious
nature of the fraud.

What is Fraud on the Court?
Fraud on the court occurs when the judicial machinery itself has been tainted, such as when an attorney, who is an officer of the court, is involved in the perpetration of a fraud or makes material misrepresentations to the court.

ABA Rule 1.2(d): A lawyer shall not counsel a client to engage, or assist a client, in conduct that the lawyer knows is criminal or fraudulent, but a lawyer may discuss the legal consequences of any proposed course of conduct with a client and may counsel or assist a client to make a good faith effort to determine the validity, scope, meaning or application of the law.

What is Pretext?
                     A pretext describes false reasons that hide the true intentions or motivations for a legal action.

Duties of Landlord:    
704.45(2) Duty of landlord.  (underline added)
                                      (a) Except for repairs made necessary by the negligence of, or improper use of the premises by, the tenant, the landlord has a duty to do all of the following:
                            1. Keep in a reasonable state of repair portions of the premises over which the landlord maintains control.
                                      2. Keep in a reasonable state of repair all equipment under the landlord's control necessary to supply services that the landlord has expressly or impliedly agreed
                                          to furnish to the tenant, such as heat, water, elevator, or air conditioning. 
                                      3. Make all necessary structural repairs.                                     
                                      4. Except for residential premises subject to a local housing code, and except as provided in sub. (3) (b), repair or replace any plumbing, electrical wiring,
                                          machinery, or equipment furnished with the premises and no longer in reasonable working condition.                  
                                      5. For a residential tenancy, comply with any local housing code applicable to the premises.
Let's assume that, at least, Arendt should have known that WI Stat 704.44 provides abatement for repairs not completed as he claimed residential real estate expertise on his website.
He knew that my letter of 9/15 specified that abatement for failure to repair & maintain and that that abatement also was in accord with previous abatement with Five Skies. He was fully aware that the plumber had not shown up as he stated in his response to the DATCP. He knew that Five Skies had made no attempt to reschedule since the 9/20 bogus appointment. Instead, he chose to support Five Skies in breaking laws and ignoring Uniform Dwelling Codes and SPS regulations.
What is abatement?
704.07(4) untenantability  (underline added)
                If the premises become untenantable because of damage by fire, water or other casualty or because of any condition hazardous to health, or if there is a substantial violation of sub. (2)
                materially affecting the health or safety of the tenant, the tenant may remove from the premises unless the landlord proceeds promptly to repair or rebuild or eliminate the health hazard
                or the substantial violation of sub. (2)  materially affecting the health or safety of the tenant; or the tenant may remove if the inconvenience to the tenant by reason of the nature and
                period of repair, rebuilding or elimination would impose undue hardship on the tenant. If the tenant remains in possession, rent abates to the extent the tenant is deprived of the full                       normal use of the premises. This section does not authorize rent to be withheld in full, if the tenant remains in possession.  If the tenant justifiably moves out under this subsection, the
               tenant is not liable for rent after the premises become untenantable and the landlord must repay any rent paid in advance apportioned to the period after the premises become
               untenantable. 
I'm new to Wisconsin. 
Is this how things are supposed to be done by a member of the Wisconsin Bar and Officer of the Court?

Are facts, truth, and law relevant to the practice of law in Wisconsin?   I've seen nothing  to support that notion.
Can landlords and attorneys just do & say whatever they want to get what they want? Based on my experience, yes.
Egregious fraudulent actions of scofflaw landlord aided & abetted by attorney at law --- fraud, statute & code violations are okay in Wood County, Wisconsin? Definitely.
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