Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Robert Shipley
1 Answer | Asked in Real Estate Law, Gov & Administrative Law, Land Use & Zoning and Municipal Law for Illinois on
Q: Want to put in a fence but restriction on plat are in the way. The city doesn't know who owns the plat restrictions.

We purchased a home in McHenry, IL and back up to a major roadway. We have dogs and kids and want to put in a 6' fence and not give up 30' of our yard. The restrictions are on the plat but nobody knows who owns them to have them removed. The restrictions are:

1. Fencing is... Read more »

Robert Shipley
Robert Shipley answered on Oct 22, 2020

Based upon your description, it appears the City is/would be cooperative with your ultimate goal. It is likely the restrictions were put in place by the developer, perhaps based upon zoning or right of way issues. I would think the City should be able to work with you to develop a solution. I... Read more »

1 Answer | Asked in Civil Litigation for Illinois on
Q: My ex-husband was ordered twice to pay me 17,500 in attorneys fees. He appealed, and lost. How can I collect it?

My attorney doesn't want to hire a collection agency to get it. Can we do a wage garnishment?

Robert Shipley
Robert Shipley answered on Oct 15, 2020

If you have a final judgment, then you have the options to: 1) garnish wages from the employer 2) garnish funds from a known bank account 3) file and serve a Citation to Discover Assets which will require a further court appearance(s) and testimony would be taken regarding income and assets 4)... Read more »

2 Answers | Asked in Contracts for Illinois on
Q: What type of lawyer would be needed to create a simple buyout agreement for a small business between 2 owners?
Robert Shipley
Robert Shipley answered on Sep 30, 2020

You should consult with an attorney whose practice is concentrated in business law and has experience in drafting, reviewing and negotiating the type of agreement you have described.

View More Answers

1 Answer | Asked in Real Estate Law for Illinois on
Q: Have r/e agent w/out a contract. Saw house on own. Didn't know I had to disclose I had agent. What is obligation?

i went to see house on my own to be proactive. after going thru the house with the sell agent I said I would have my agent contact them. the sell agent got very angry and said I was to disclose I was working with agent. I did not know that. The selling agent never asked. The selling agent then... Read more »

Robert Shipley
Robert Shipley answered on Sep 29, 2020

Legally, your obligation is to the agent/broker with whom you signed an agreement. If you did not sign an agreement with the agent/broker who agreed to show you properties then there is no commission to pay a commission. If the selling brokers you have described are 'angry' that is... Read more »

1 Answer | Asked in Civil Litigation for Illinois on
Q: I hired a general contractor to do a small home remodeling job. They did a terrible job and wanted more money to finish.

I fired them and hired someone else to fix everything and finish the job. I am paying almost the same amount to fix the problems and finish. I called and asked for a reasonable refund but now no one is returning my calls. What are my options for getting some or all of my money back from the... Read more »

Robert Shipley
Robert Shipley answered on Sep 24, 2020

Your description suggests that the amount you paid the subsequent contractor to correct the defective workmanship was an amount equal to or greater than what was paid to the original contractor. In such instance, you can sue the original contractor for the dollar value of what was paid to the... Read more »

1 Answer | Asked in Contracts for Illinois on
Q: Lender stopped cashing my payments & no contact from them for 6 years. Is the contract still valid? Do I still owe?
Robert Shipley
Robert Shipley answered on Sep 23, 2020

I am presuming that the loan was documented by a written agreement. The terms of that agreement control. I do not know how long you have been sending payments which have not been cashed, but I would recommend that you review the agreement and if you do not have a copy, then contact the lender.... Read more »

1 Answer | Asked in Civil Litigation, Insurance Defense and Legal Malpractice for Illinois on
Q: Does a lawyer have any recourse against the filer of a false ARDC complaint? Or does Rule 775 grant him TOTAL immunity?

Ill. Sup. Ct. R. 775 “IMMUNITY” seems to offer total protection to anyone who files an ARDC complaint against a lawyer, even if the grievance is entirely untrue and filed simply to harass the lawyer. The ARDC thoroughly investigates every claim, and it seems unfair to force lawyers to spend the... Read more »

Robert Shipley
Robert Shipley answered on Sep 17, 2020

I have read both of your questions. Rule 775 does provide that immunity in the context of ARDC communications. It is not clear if the suit you describe is a malpractice claim against you, but if so I would suggest you review with your attorney. If not involving a malpractice claim, but arising from... Read more »

1 Answer | Asked in Civil Litigation, Insurance Defense and Legal Malpractice for Illinois on
Q: Must a defense lawyer in Illinois inform his client that he may have insurance coverage for a lawsuit?

Does a defense lawyer practicing in Illinois have an ethical obligation to inform his client that the client may have insurance coverage for a lawsuit that would cover the client's legal fees? Even if this means that the case would have to be tendered to the insurance company and that lawyer... Read more »

Robert Shipley
Robert Shipley answered on Sep 15, 2020

Generally, any claim/case should be reviewed to determine if there is possible insurance coverage. If there is potential coverage then the claim/case should be forwarded to the parties insurance agent who will transmit to the insurance company. If there is coverage, then the insurance company... Read more »

1 Answer | Asked in Real Estate Law for Illinois on
Q: Can a managing broker or real estate brokerage withhold earned commissions from an agent?
Robert Shipley
Robert Shipley answered on Sep 15, 2020

On a general basis, the answer is no. Earned commissions should be paid. However each case is dependent on its facts. I presume you have a contract and that should be reviewed. I would recommend you consult with an attorney to review and discuss the details.

2 Answers | Asked in Consumer Law, Real Estate Law and Estate Planning for Illinois on
Q: Can they put a lien on my moms house over my deceased dads debt that she didnt agree to?

My dad died in january. Before he died he had roof work done on our house. They lied to him and promised insurance would cover the roofing, but insurance only covered a small amount. My mom now cant afford their 6k bill and kept the 2k check from allstate as well. Now the roofers are threatening a... Read more »

Robert Shipley
Robert Shipley answered on Sep 10, 2020

I am assuming that the home was owned jointly by your mother and father. That being the case, if the contractor completed the work, if they choose they can record a lien for the value of the work which has not been paid.

View More Answers

1 Answer | Asked in Real Estate Law for Illinois on
Q: water damage in my basement that has led to mold exposure for me was caused by my attached neighbors basement. Can i sue

I live in a duplex attached to my neighbor with a common wall. It’s been determined the water damage in my basement that has led to mold was caused by a problem in her basement. Can I sue her??

Robert Shipley
Robert Shipley answered on Sep 9, 2020

Based upon your description you can make a claim. It would be best if you found out the name of their insurance company and make the claim and determine the insurance company position, ie: pay the claim or deny. If denied then you would have to file suit. Another option is to explore whether your... Read more »

1 Answer | Asked in Insurance Bad Faith for Illinois on
Q: Can driving without insurance in Illinois lead to jail time if it was a first offense and there was no accident?

My wife was given a speeding ticket and at the same time cited for not having insurance. This was the only offense of driving without insurance, and she didn't get into an accident. Everything I've read said that this is not punishable by jail time, but when she was pulled over the... Read more »

Robert Shipley
Robert Shipley answered on Sep 6, 2020

Driving without insurance will result in a fine and suspension of the drivers license. If the vehicle was insured but the insurance card was not in the vehicle or able to be accessed through an App, then being proof of insurance to Court and the ticket should be dismissed.

1 Answer | Asked in Real Estate Law for Illinois on
Q: Can my siblings sign and notarize a paper to leave our mother house to me when she passes away.

I've been paying taxes and up keep on her home as she lives with me for 3 yrs. 2 brothers have agreed but have not talk to 1 brother yet

Robert Shipley
Robert Shipley answered on Aug 13, 2020

If your mother is in title to the property, then if she wants to leave you the property, she can:

1. Put that directon in a will; or

2. Execute a Quit Claim Deed, to reflect a change of ownership, so that both you and your mother are listed and identified as owners.

Which...
Read more »

1 Answer | Asked in Contracts for Illinois on
Q: Possible Impaired Attorney Late on Filing Motion

There is a Motion due tomorrow for which the attorney has already had one extension. I don't think he can get another. The work product was supposed to be sent to me last week but I have only received a lot of excuses. He promised today and now has missed that promise. If he, in fact, does... Read more »

Robert Shipley
Robert Shipley answered on Aug 11, 2020

As the client, you have the absolute right to discharge your current attorney and retain new counsel. Based on the concerns you describe, it would be best for you to immediately start searching for a new attorney while advising your current attorney you no longer want them to represent your... Read more »

2 Answers | Asked in Contracts, Real Estate Law and Landlord - Tenant for Illinois on
Q: Commercial lease that ends January 2023. Jan 2021 the personal guarantees go away. What happens if we close Feb 2021?

Because of the virus,we want to close our business after the personal guarantees go away. They go away in jan 2021...but our lease doesnt end until Jan 2023....can the land lord take us to court and demand we pay for the remainder of the lease? How lenient are the courts in these kinds of... Read more »

Robert Shipley
Robert Shipley answered on Jul 28, 2020

The lease will have to be reviewed to determine what liability there may be beyond the personal guaranty as well as the potential for an early termination. There are many options to discuss with the landlord including temporary rent abatement or modification, early buyout, allowing the landlord to... Read more »

View More Answers

1 Answer | Asked in Consumer Law, Contracts and Products Liability for Illinois on
Q: I was quoted a price from a dealer with a buyers order faxed and dealer claiming they quoted wrong price. Have to honor?

I was quoted a price on a used vehicle from a dealership in Centralia, MO. The dealer quoted the vehicle at $21,905. I agreed to purchase the vehicle and the dealer sent over buyers order to my bank to secure funds. After funds were secured and the morning I was supposed to pick up the vehicle,... Read more »

Robert Shipley
Robert Shipley answered on Jul 28, 2020

Based upon your description the sales/transaction documents will need to be reviewed. Since the dealership is in Missouri, you should contact an attorney licensed in Missouri whose practice is concentrated in consumer law.

1 Answer | Asked in Real Estate Law for Illinois on
Q: renting from mother, no lease. can she kick us out and/or can we sue her

we're talking slumlord level. she won't fix up the place and we're not allowed to fix it with our own money. the electricity is not up to code, no central air, broken tiles in the bathroom, rotted wood underneath floor in one area, windows with no insulation. our fault in this... Read more »

Robert Shipley
Robert Shipley answered on Jul 27, 2020

Fundamentally, if you do not have a written lease, you can provide 30 days notice and then vacate. The landlord has the responsibility to provide a habitable apartment and of course you have the obligation to timely pay the rent. Perhaps the landlord's attitude is that they are being... Read more »

2 Answers | Asked in Real Estate Law for Illinois on
Q: How do we establish property percentage of ownership?

My siblings and I were given a property to act as our inheritance. The property has no mortgage and we are all listed as owners on the deed. We did not establish an LLC nor have we determined a percentage of ownership - I think it was assumed to be 1/3, 1/3, 1/3. However, my siblings live nowhere... Read more »

Robert Shipley
Robert Shipley answered on Jul 23, 2020

Based upon your description you and your siblings have an equal ownerhip percentage. For that to change would require the consent of your siblings and depending on what the usage of the property, it may be appropriate to consider forming an LLC. It would be best to consult with an attorney whose... Read more »

View More Answers

1 Answer | Asked in Real Estate Law for Illinois on
Q: My grandparents passed and they left the house to my aunt. They have a will. What is my aunt's next step
Robert Shipley
Robert Shipley answered on Jul 20, 2020

The title to the property must be reviewed as well as the will. I am assuming from the description that your aunt's name was not on the title, but that should be verified. If your aunt's name is not on the title to the property then the will must be reviewed to determine the specifics... Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for Illinois on
Q: My step mom owns an apartment building that she wants to sell that was left in a will to her from her deceased mother

My step mom owns an apartment building that she wants to sell. Her mother owned it then passed away and on her Will left it for my step mom. My step mom never had it switched over to her name but has been having people live there and taking care of it for two years. How long does it take to switch... Read more »

Robert Shipley
Robert Shipley answered on Jul 13, 2020

The property must be in your step mother's name for it to be, ultimately, legally transferred. I would recommend you speak with an attorney whose focus is in Probate. Since the mother passed away 2 years ago, a probate estate will probably have to be opened so that the property can be... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.