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Questions Answered by Robert Shipley
1 Answer | Asked in Real Estate Law and Environmental for Illinois on
Q: How long do we have to sue the previous home owner if we suspect they knew about mold in the home?

We have been in the home for about a year and a half (2 years at the end of August) and my children and I are starting to have respiratory and other issues that we believe may be because of airborne mold due to water damage that we believe the previous home owner covered up and then we uncovered... Read more »

Robert Shipley
Robert Shipley answered on May 18, 2020

Based upon your description, if water damage/water infiltration issues are present and that history was denied by the seller, there may be an action for fraud and depending on the nature of the sale, for violations of the Consumer Fraud Act. The real estate contract must be reviewed as well as an... Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for Illinois on
Q: Father and mother bought a house together. She passed away and father re-married. They lived at 2nd wife’s residence.

2nd wife never lives nor contributed to the family home. Father passed away. Sister lived and paid all the bills at the fam. home, but she recently passed away. When selling the property does 2nd wife has the right to the 50% when we sell?

Robert Shipley
Robert Shipley answered on May 13, 2020

Who holds title to the family home? Did your mom have a will? Was the property held by a trust, individually in either your mother or father's name, jointly by both of your parents or in some other manner.

Those questions must be answered. When did you mom pass away and was a...
Read more »

1 Answer | Asked in Real Estate Law for Illinois on
Q: Can the property manager be liable for the typo error that they have made and can I ask for financial damage?

In 2012 when I brought my condo the HOA fee was 274.55 which was stated on my PA(Paid Assessment Letter), The property management company continue to send statements, bill me at 274.55, and accepted the 274.55 HOA amount in 2012 and 2013. In 2014 the condo management discovered there was a typo... Read more »

Robert Shipley
Robert Shipley answered on May 11, 2020

765 ILCS 605/9(f) of the Illinois Condo Act provides: Payment of any assessment shall be in amounts and at times determined by the board of managers. If the assessment increased, as is often the case, then the unit owner is required to pay the new amount. So if I understand the question, the... Read more »

1 Answer | Asked in Real Estate Law for Illinois on
Q: Chicago: A signed lease states that the security deposit will be returned w/out interest, is a renter able to demand it?

We are landlords in Chicago, our renters are asking for interest on their security deposit. In our lease, which they signed, it says in a paragraph under the security deposit section and stated amount: "Interest and Security Deposit. In accordance with Illinois law, (765 ILCS 715/1, 715/2) and... Read more »

Robert Shipley
Robert Shipley answered on May 9, 2020

The lease would be subject to the Chicago Residential Landlord Tenant Ordinance (RLTO), which requires interest to be paid on the security deposit. The Illinois statute cited in the lease does not apply to buildings of the size you describe. The RLTO is a very Tenant favorable ordinance and case... Read more »

1 Answer | Asked in Consumer Law and Contracts for Illinois on
Q: Is it legal for my HOA to require me to provide them with mortgage information in the state of IL?

I live in Illinois and own a condo. I have a mortgage on the condo. The HOA is requiring I provide them with mortgage provider, loan number and mortgage provider phone number. Is this legal? I understand proof of insurance, but mortgage information seem like an invasion of privacy.

Robert Shipley
Robert Shipley answered on May 2, 2020

765 ILCS 605/22.1(c) of the Illinois Condominium Property Act requires:

c) Within 15 days of the recording of a mortgage or trust deed against a unit ownership given by the owner of that unit to secure a debt, the owner shall inform the Board of Managers of the unit owner's association...
Read more »

1 Answer | Asked in Real Estate Law for Illinois on
Q: Condo has rules against smoking on balconies. The association is not enforcing this rule. What can be done about it.

Person below me has been smoking cigars on his balcony for the past year. When I ask what was done regarding the violation forms that I filled out (7 of them), I was told that it was between the violator and the board, basically none of my business even though I made the complaint. Per 765 ILCS... Read more »

Robert Shipley
Robert Shipley answered on Apr 28, 2020

I would recommend that you review the Condo Declaration and the Rules/Regulations of the Association to find additional support for your complaints. Then put your complaint in a separate letter, detailing the history, and referring to the applicable sections of the Declaration and... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Illinois on
Q: Good day, I was wondering if there was a way i could get an extension on my lease and not have to move out during thi

lock down period since i have an underlying conditions

Robert Shipley
Robert Shipley answered on Apr 23, 2020

You do not describe if commercial or residential, but I am assuming residential based on your description. I would recommend that you review the lease and examine if there are any clauses or provisions regarding an extension of the term of the lease. Even if there are no specific provisions... Read more »

1 Answer | Asked in Contracts for Illinois on
Q: Requesting copies of original finacial applications?

Can I request a copy of a finance application submitted by a dealership if I believe fraud has been committed. Can this be obtained from the company i.e. Credit Acceptance?

Robert Shipley
Robert Shipley answered on Apr 23, 2020

Based upon the question I assume you are referring to an application you submitted. I would first recommend you review the documents you were provided by the dealership which should have information regarding how to contact Credit Acceptance. You have the right to review the information submitted... Read more »

2 Answers | Asked in Real Estate Law for Illinois on
Q: Can I get my earnest money refunded?

I bought a house in the second week of March and the sellers and I agreed to close on May 13. Now the sellers are wanting to extend the close to June 15 because they can’t find a home to buy or rent and are using the Coronavirus pandemic as a reason not to close in May. Can I cancel the deal and... Read more »

Robert Shipley
Robert Shipley answered on Apr 22, 2020

The Answer to your question is dependent upon the terms of the contract. That should be reviewed to determine what options are available when there is non-performance by the seller. Also what provisions, if any, which specifically relate to the current COVID environment. It would be best to consult... Read more »

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2 Answers | Asked in Products Liability and Real Estate Law for Illinois on
Q: HOA Building (balcony) maintenance

Hopefully, you're all safe at this time. I have a question regarding who is responsible for paying for the maintenance cost in the buildings? For Example, we own the condo but the balcony ( which is what people use to enter their house) needs to ger repair on the second floor all over the... Read more »

Robert Shipley
Robert Shipley answered on Apr 17, 2020

You should review the Condo Declaration which should define the limited common elements.

The Act provides that the Association shall be responsible to maintain, repair and/or replace the common elements on the property. As the limited common elements are defined under the Act as a portion...
Read more »

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1 Answer | Asked in Contracts for Illinois on
Q: Wedding is July 31st in Toronto but due to COVID-19 we are considering canceling the reception but hall is threatening

Our guests have come back to us and said they do not want to travel and we don't feel comfortable putting others in harm. We have 200 guests that were ready to come from Chicago with us but circumstances have changed since the COVID-19 pandemic. I talked to the banquet hall about cancelling... Read more »

Robert Shipley
Robert Shipley answered on Apr 16, 2020

The Answer to your question is dependent upon a review of the contract, focusing on the cancellation provisions relating to Acts of God, diseases, epidemics or pandemic (although not likely to be described), emergencies, unforseen circumstances. The language of each contract is different, some... Read more »

1 Answer | Asked in Business Law for Illinois on
Q: My company is located in Illinois. We are hiring someone located out of Guam. Is there any issue doing so?

I'm wondering the steps we need to take for this. How would we complete an I-9? Do they have different tax forms such as W-4s?

The employee will be working out of Guam.

Robert Shipley
Robert Shipley answered on Apr 16, 2020

It is not entirely clear whether the worker is going to be located in Guam or will be coming to the United States from Guam. The below link should be helpful in providing information regarding your questions:... Read more »

1 Answer | Asked in Business Law for Illinois on
Q: I am starting an internet-based credit repair company, can I service clients in any state?

My business is strictly internet. I skype or video chat with my customers or chat on the website. I am registered in Wyoming but I am now in Illinois with my fiance. He is referring his friends but I make them go through the website to get information or to request information and sign up.

Robert Shipley
Robert Shipley answered on Apr 7, 2020

Your description describes that you will be actively operating your company in Illinois and will be generating income as well as presumably conducting activities related to your business. You should register your business with the Illinois Secretary of State. Below is a link to the Illinois... Read more »

1 Answer | Asked in Banking, Business Law and Employment Law for Illinois on
Q: The company pay date Is today for my time owed me. They say there will be a “delay”. What can I do to get my money?

This company has been using payroll checks that can’t be cashed because of insufficient funds for over 3 months now

Robert Shipley
Robert Shipley answered on Mar 27, 2020

Based upon your description I would recommend that you contact the Illinois Department of Labor and make a claim for the salary/wages you are apparently owed which have not been paid for three months. Here is a link to the website: https://www2.illinois.gov/idol/Pages/Complaints.aspx... Read more »

1 Answer | Asked in Employment Law for Illinois on
Q: With the new law passed for coronavirus sick pay, would I be eligible if I elect to stay home or do I need a doctors not

My employer was stating I need to be confirmed that I have the virus before I can get payed leave

Robert Shipley
Robert Shipley answered on Mar 23, 2020

Generally, an employer is permitted to have a policy which requires an employee to provide written confirmation from their medical provider when treatment has been received for a condition or illness which has caused the employee to miss time from work. Whether the time off is compensable depends... Read more »

1 Answer | Asked in Civil Litigation for Illinois on
Q: I own property in a private campground that has recently banned concealed carry even with a license ? Is this legal?

The board of directors recently enacted this without a vote of all the owners, just the 5 board members. Are they within their rights or is it a violation of my rights or Illinois law?

Robert Shipley
Robert Shipley answered on Mar 20, 2020

Your question suggests that the property is governed by an Association. There should be Bylaws and a Declaration which define the scope of the Board’s authority and what actions require a vote of the Membership. That will help you determine whether the Board acted within the scope of its... Read more »

1 Answer | Asked in Civil Litigation for Illinois on
Q: Ok my question is can sue this landlord for put a eviction in my name and I’m not even on lease sh

I come over to help my boyfriend out with his rent cause he is in jail and I told them if I can’t A Ford to keep up his rent I was moving his stuff out and she is putting him out cause of his pass I have the text messages and the police to prove it

Robert Shipley
Robert Shipley answered on Mar 18, 2020

From the brief description of the facts, if you did not sign the lease, in other words you are not one of the designated tenants, then you have no obligation and cannot be sued. If however you signed as a guarantor under the lease then you can be sued for the past due rent obligation. I would... Read more »

1 Answer | Asked in Employment Law for Illinois on
Q: Will I have to pay an employee I let go due to downturn in business due to coronavirus?
Robert Shipley
Robert Shipley answered on Mar 16, 2020

On a general basis, if an employee is ‘at will’ meaning they do not have an employment contract or subject to a union contract which might impact the terms of the employment, then such an employee can be terminated for any or no reason. The employee must be paid for the hours worked and any... Read more »

1 Answer | Asked in Civil Litigation and Collections for Illinois on
Q: Received a summons. However, I'm unemployed and can't afford to pay debt and court fees. Do I have to appear in court?

A collection group had a officer come to my door and serve me a alias summons (did not sign for it though) for a charged off credit card debt. I've been out of work for a long time and have simply run out of money (getting help from family and friends). Since I can't afford to pay the... Read more »

Robert Shipley
Robert Shipley answered on Mar 16, 2020

You should not ignore the summons, because if you do not appear, a judgment can be entered against you. If you are unemployed you may qualify for free legal services. You should contact Legal Aid Chicago, (312) 341-1070 or Chicago Volunteer Legal Services, 312-332-1624. Both are located in downtown... Read more »

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