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Questions Answered by Steve McCann

1 Answer | Asked in Real Estate Law and Contracts for Illinois on

Q: Receiving another offer after accepting a contingent offer?

If a buyer makes an offer on a home that is contingent on selling their existing home and the seller accepts the offer, but then receives a second offer can they accept the second offer? If so, what happens with the buyer who had the first accepted contingent offer?

Steve McCann answered on Jun 13, 2019

It depends on the specific language of the contract, and the duration of the contingency periods you describe. That being the case, I recommend you ask the attorney that is representing you in this matter, as he or she is most familiar with the transaction and is in the best position to provide... Read more »

1 Answer | Asked in Real Estate Law for Illinois on

Q: Do I have any legal options or am I saddled with the burden of trying to get this repaired?

The previous owners paid a contractor $1550 to install 14 footings and leveling jacks in the crawlspace. I have the receipt for the work completed 5/16/2014. The center of my house is sagging into the crawlspace. I went down into the crawlspace to visually inspect. One of the support beams used by... Read more »

Steve McCann answered on Jun 10, 2019

You may have a couple of options based on the facts provided. Your best option would likely be if the previous owners of the home had knowledge of the material defects you describe. If so, they may have violated various Illinois statutes if they did not disclose the defects to you when you... Read more »

2 Answers | Asked in Wrongful Death for Illinois on

Q: if a self-employed person is killed at work is his boss liable

Steve McCann answered on Apr 29, 2019

It is certainly possible, but an attorney will need to review additional facts in order to provide you with a more definitive answer, such as the circumstances surrounding the cause of death. That being the case, I recommend you organize everything in your possession that is relevant to this... Read more »

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1 Answer | Asked in Business Law for Illinois on

Q: I own an epoxy company and we had an issue on a job with the top coat failing and I offered to redo and customer denied

I told him I would redo the floor to his liking and give him 1000$ discount for the inconvience, he returned with a value of the work I performed of 7000.00 when the original contract was 13000, saying his guys could have done it and that’s all he is paying! He also stated he was box expecting a... Read more »

Steve McCann answered on Apr 8, 2019

There are a few issues based on the facts presented. That being the case, I recommend you organize everything in your possession that is relevant to this matter, including the governing contract, and consult with an attorney individually to explore your options.

2 Answers | Asked in Personal Injury for Illinois on

Q: If my toddler was injured in a hotel by a table that fell on him could I have a case?

The table was inside of the room, it had wheels on it, no locking mechanism visible, my son was listed on my itinerary. He did have injuries, he received five stitches above his right eye due to this incident.

Steve McCann answered on Mar 19, 2019

It is certainly possible that you have a case based on the facts provided. However, an attorney will need additional facts in order to provide you with a comprehensive evaluation of the viability of recovering on such an action, such as the reason the table fell etc...

That being the case,...
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1 Answer | Asked in Small Claims for Illinois on

Q: Hi there, if I wanted to sue an auto repair shop for fraud, what type of lawyer would i need to hire?

I'm planning on taking California Mufflers & Brakes to small claims court for auto repair fraud. Do you have a list of lawyers?

Steve McCann answered on Mar 14, 2019

If you are seeking a lawyer to sue an auto repair shop for fraud, I recommend hiring an attorney with experience in civil litigation, specifically with experience with the Illinois Consumer Fraud and Deceptive Business Practices Act. That said, I recommend you organize everything in your... Read more »

2 Answers | Asked in Products Liability for Illinois on

Q: Good morning im being sued and I don't know what to do next

Steve McCann answered on Feb 20, 2019

You should stop everything you are doing and consult with an attorney immediately. Do not contact the relevant parties or make any statements about the matter until you are represented. Also, I recommend acting quickly, as you have a limited amount of time to respond to a summons.

Many...
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1 Answer | Asked in Business Law, Civil Litigation, Contracts and Employment Law for Illinois on

Q: I had a verbal breach of contract when I signed an offer letter as an independent contractor, can I sue for this matter?

I signed an offer letter with a staffing agency to work as their account manager and the owner of the agency had multiple verbal agreements that he retracted after I signed the letter. I have evidences of witnesses, emails, calls and text proving this matter. Can I sue him for damages for... Read more »

Steve McCann answered on Feb 18, 2019

You may be entitled to a remedy based on the facts provided, but the viability of recovering on such an action is dependent on specific facts that are not provided here, such as the details around the statements made, as well as the terms of the offer letter you reference. That being the case, I... Read more »

1 Answer | Asked in Real Estate Law for Illinois on

Q: Can I not sign a buyer requests for verification that this offer was presented for a less than the asking price offer?

We rejected a less than the asking price offer and the buyer is asking us to sign Lines 555-557 on the IL MULTI-BOARD RESIDENTIAL REAL ESTATE CONTRACT 7.0 contract. Is there a legal requirement for us to sign it? What are the implications if we don't do it?

555: Illinois Real Estate License... Read more »

Steve McCann answered on Feb 18, 2019

I highly recommend you stop everything that you are doing, and hire a real estate attorney to represent you in the transaction. I do not recommend accepting an offer until you are represented.

The reasons being are voluminous. First, once you agree on the contract, you are bound by its...
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1 Answer | Asked in Land Use & Zoning for Illinois on

Q: Do we have enough information and assurance to close tomorrow? Or should we push the close and request more info?

We were supposed to close on a home last week but night before close we are informed that the title company pulled the zoning certificate from the city and the home is zoned as a 3-unit building, not a single family home. The seller who purchased the home 10 years ago has a cert. that says... Read more »

Steve McCann answered on Jan 31, 2019

It is not in your best interest to assume re-zoning will be "easy to do." In fact, they usually aren't very easy at all, and can end up costing a tremendous amount of money. That being the case, I certainly would not close until you have more details and costs surrounding the re-zoning. I... Read more »

1 Answer | Asked in Landlord - Tenant for Illinois on

Q: Do Chicago tenants have legal right to break lease if heat keeps breaking & landlord offers only temporary fixes?

Do tenants in the city of Chicago have the legal right to break their lease if the unit heat keeps breaking down in winter, & the landlord is only offering temporary fixes? The unit has heat in only living room and no heating unit in the kitchen. It is extremely cold in the apartment. What legal... Read more »

Steve McCann answered on Jan 31, 2019

Yes, it is certainly possible to break the lease and/or receive compensation based on the facts provided. That said, the viability of such a course of action depends on specific facts that are not provided here, such as whether or not the apartment you are renting is subject to the Chicago... Read more »

1 Answer | Asked in Civil Litigation for Illinois on

Q: How do I get help finding a civil litigation attorney to help me file a lawsuit against a psychologist. I have proof to

Sink the psychologist it’s a slam dunk case. I’m willing to do all work to start it then hand it over to an attorney to litigate it for me

Steve McCann answered on Jan 21, 2019

It depends on the nature of your claims against the psychologist. That being the case, I recommend organizing everything in your possession related to this matter, including your medical records, and consulting with civil litigation attorney immediately. Many of us offer free consultations, and... Read more »

1 Answer | Asked in Civil Rights, Construction Law, Land Use & Zoning and Real Estate Law for Illinois on

Q: are electricity bill is $629.00 and our house is still freezing and the land Lord is a jerk no ceiling in the bathroom

and you can see light through the roof do we have any options my husband is on ssd

Steve McCann answered on Jan 14, 2019

You are likely entitled to a remedy, but the best course of action is dependent on specific facts that are not provided here, such as the location of the apartment, and whether or not it is subject to the RLTO.

In any event, I recommend organizing everything in your possession relevant to...
Read more »

1 Answer | Asked in Contracts and Construction Law for Illinois on

Q: What legal rights do we have against a Contractor?

We hired a contractor almost 2 years ago to do work within our home, they did the work and within 3 months the same issues came back. We’ve reached out and they do patches, we’ve requested a refund and they said they’d send someone out to do the work. They’re no longer responding to our... Read more »

Steve McCann answered on Jan 7, 2019

Your legal rights are dependent on specific facts that are not provided here, such as the precise terms of the contract and the nature of the issues you are having with your home. That being the case, I recommend you organize everything in your possession related to this matter, including the... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Illinois on

Q: Contract for deed void because of missing and wrong info on contract? It's also only a 4 year contract.

My mother in law sold her house on a contract for deed sale in Coles Co. Illinois. It was signed in June of 2015 and wrote out as monthly payments for 48 months and then a lump sum balloon payment. The girl who helped her write the Contract did it like crap.

Contract says original purchase... Read more »

Steve McCann answered on Dec 20, 2018

There are several issues based on the facts presented. Illinois has very strict requirements when it comes to contracts for deed, or installment land contracts. If all of the requirements are not met, it can be deemed voidable by the court, which could entitle the previous buyer to all funds paid... Read more »

1 Answer | Asked in Real Estate Law for Illinois on

Q: Do I have the right to pull his fence on my property?

Neighbors cattle fence to the N, W, and S are on my property 3-4 feet in places. Survey was done. This farmer has seen the stakes and survey, but says survey is not clear. I have spent over $2000 already to make a clear point. Really don't want to drag this to court. He will no longer talk to me... Read more »

Steve McCann answered on Dec 5, 2018

Assuming the survey clearly shows the fence is on your property, you have every right to remove it off of your property. That said, there are practical considerations to take into account when dealing with a neighbor. Thus, I recommend organizing everything in your possession relevant to this... Read more »

3 Answers | Asked in Personal Injury and Car Accidents for Illinois on

Q: If I develop depression as a result of being bed-ridden after two surgeries from a car accident, is that something I can

sue for as emotional distress?

Steve McCann answered on Nov 26, 2018

Yes, you can certainly sue for damages based on depression so long as your attorney can prove it is proximately caused by the accident in question. Therefore, I recommend seeking treatment related to the depression if you have not done so already.

After seeking treatment, I recommend you...
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2 Answers | Asked in Car Accidents for Illinois on

Q: I was involved in a car accident 10/19/2018. No liscence or insurance...

On 10/19/2018 I was driving down Butterfield Rd at approximately 50Mph (Road speed limit 50) this road is a 2 way only with cars being able to pull out from right hand side to make either a left or a right hand turn. I was reaching dupage Pkwy when a car decided to fail to yield to a stop sign and... Read more »

Steve McCann answered on Oct 29, 2018

I am terribly sorry to hear this. First and foremost, you and all of the passengers in the vehicle should seek all necessary medical attention immediately. Next, you should consult with a personal injury attorney to discuss details surrounding this matter. An attorney would have to view far more... Read more »

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2 Answers | Asked in Wrongful Death for Illinois on

Q: If my wife got injured due to another driver's negligence, can that guy's estate sue her for wrongful death?

Steve McCann answered on Oct 29, 2018

You wife can certainly be sued, but the estate's chances of recovery is very slim if your wife was not negligent. If your wife was not negligent, and still sustained injuries as the result of an accident, I suggest you consult with a personal injury attorney immediately to discuss her options... Read more »

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2 Answers | Asked in Personal Injury, Car Accidents and Civil Litigation for Illinois on

Q: What type of evidence should I try to preserve after a multi-car accident that caused me injuries?

Steve McCann answered on Oct 29, 2018

If you were involved in a multi-car accident and sustained injuries, you should first and foremost obtain all medical treatment necessary. Next, you should hire a personal injury attorney. Do not make any statements until you are represented by an attorney.

Many of us offer free...
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