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Questions Answered by Steve McCann
1 Answer | Asked in Construction Law for Illinois on
Q: If my contractor sues a sub-contractor do I have to be involved in any way?
Steve McCann
Steve McCann
answered on Mar 11, 2018

It depends on specific facts that are not provided here. Assuming you are a homeowner who hired the contractor suing the subcontractor, you will more than likely be called as a witness for depositions and/or trial.

1 Answer | Asked in Contracts and Real Estate Law for Illinois on
Q: after the real estate contract is signed by both parties the seller and the buyer, the modification letter is sent to

the seller's attorney, the next day the seller's attorney emails a letter of termination based on that both parties cannot get into an agreement, the same day, another letter is sent to the seller's attorney stating that the buyer does agree with all the terms, and the loan is almost... View More

Steve McCann
Steve McCann
answered on Mar 11, 2018

The answers to your questions are very fact specific. Therefore, I recommend consulting the attorney representing you in this transaction. If you do not have an attorney representing you, you absolutely should retain one immediately. Many firms will represent you throughout the entire... View More

1 Answer | Asked in Real Estate Law for Illinois on
Q: How long do I have to sue my realtor after buying a property? Information that he gave us was false

Information that he gave us on the property is false. The false information has just now become evident to us after 2.5 years of owning the property. Multiple facts that he gave us were false about the home's flooding history.

Steve McCann
Steve McCann
answered on Mar 7, 2018

It is depends on the nature of the causes of action you intend on alleging in the complaint. If you are alleging breach of a written contract, you could have up to 10 years, but it could be less depending on your legal theories. That being the case, I highly recommend organizing everything you... View More

1 Answer | Asked in Arbitration / Mediation Law for Illinois on
Q: Does arbitration make your case go faster? I was in a car accident.
Steve McCann
Steve McCann
answered on Mar 4, 2018

It certainly could make the case go faster if the parties are able to reach an agreement in arbitration, otherwise it may delay the case. Your attorney would be in the best position to answer whether or not an arbitration would be beneficial to your case, so I suggest you as him or her. If you do... View More

1 Answer | Asked in Personal Injury for Illinois on
Q: I was injured on a pacebus left arm shoulder and neck do to bus driver neglect went to hostipal a musculoskeletal

I end up having a musclarskeleton on my left side neck andshoulder and arm i went to hostipal and seeing my doctor been on meds for pass two weeks now i need therapy bills coming in what I need to do its been reported to pace bus i haven't heard from them

Steve McCann
Steve McCann
answered on Mar 3, 2018

I am sorry to hear about your injuries. I highly recommend you continue getting the treatment you need, and consult with an attorney individually as soon as possible. You will not be taken seriously by the bus company until you do, trust me I have represented multiple clients in very similar... View More

1 Answer | Asked in Stockbroker Fraud for Illinois on
Q: My friend is a day trader who said he'd do some investing for me but it's not worked out well - can I sue him?
Steve McCann
Steve McCann
answered on Mar 2, 2018

The viability of a lawsuit is a very fact specific determination that cannot possibly be answered definitively without more details. That said, you may have a case depending on specific representations that may have been made by the trader. I recommend organizing everything you have in your... View More

1 Answer | Asked in Small Claims for Illinois on
Q: Do i need lawyer for small claims court?

I am being sued by credit card co. I owe the amount should i try to settle out of court? My husband is worried they will take advantage of me.

Steve McCann
Steve McCann
answered on Mar 2, 2018

I would highly recommend consulting with a lawyer immediately, as it is quite possible you will be taken advantage of if you are not represented by counsel. Further, there may be some violations of the Fair Debt Collection Practices Act, or other mistakes made by the credit card company that your... View More

2 Answers | Asked in Landlord - Tenant for Illinois on
Q: Can I request my landlord to pay part of my gas bill?

I told my landlord that my window was leaking water when it rained in August. A repair man came but didn’t fix anything. Fast forward to winter and the window still isn’t fixed, my room is the only room in the house that’s freezing and my gas bill is $200+ a month for my small apartment. Do I... View More

Steve McCann
Steve McCann
answered on Feb 27, 2018

Yes, you can certainly make a request to your landlord, but you may have additional remedies pursuant to the Chicago Residential Landlord Tenant Ordinance if your unit falls under its protection. That said, I recommend organizing your lease, and any other information relevant to this situation,... View More

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2 Answers | Asked in Real Estate Law for Illinois on
Q: How do the proceeds of the sale of a home get divided when one person put down $25,000. and the other $20,000.?

My ex-fiance's real estate attorney wanted me to sign a paper indicating the first $5000. should go to my ex. but I feel she should just get a higher percentage from the sale as we only had the home for 1 1/2 yrs. so no equity and we probably won't get what we paid for it. My ex is now... View More

Steve McCann
Steve McCann
answered on Feb 26, 2018

I recommend asking the attorney assisting you with the transaction, as he or she is in the best position to answer your question with a definitive answer. If you do not yet have an attorney, I highly recommend you hire one, particularly considering your ex-fiance has retained an attorney.

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1 Answer | Asked in Landlord - Tenant for Illinois on
Q: Need a suggestion to break the lease as we are having intermittent hot water supply.

Hello..we just moved into a new apartment 4 days back. 2 of the 4 days we didnt get the hot water to take bath between 10-12 but we did get it after some hrs. We learned that the previous water heater was replaced with a smaller one. We are not happy with this situation as we are expecting a new... View More

Steve McCann
Steve McCann
answered on Feb 26, 2018

The answer to your question depends on several facts that are not provided here, such as the precise terms of your lease, and the location of the apartment. That said, if you are being left without hot water, you can argue that it is a failure to provide an essential service and is thus a breach... View More

1 Answer | Asked in Construction Law for Illinois on
Q: Are construction contracts regulated?
Steve McCann
Steve McCann
answered on Feb 23, 2018

Yes, they are, but the specific requirements depend on specific facts that are not provided here, such as the location and nature of the work being performed. That being the case, I recommend organizing the contract and anything else you believe is relevant to this matter, and consulting with an... View More

2 Answers | Asked in Car Accidents, Civil Rights and Small Claims for Illinois on
Q: What kind of a lawyer do I need to get

I had no car insurance on my vehicle and my boyfriend was driving my car and he was not insured at the time either.. I only have sr22 that’s it.. he got in a very bad car accident and hit another vehicle.. the guy he hit was in the hospital for only 3 days and now he wants to sue me because it... View More

Steve McCann
Steve McCann
answered on Feb 23, 2018

You need an attorney who specializes in civil litigation, specifically related to automobile accidents. If you did not have insurance at the time, you will need to hire one of us in private practice. I would recommend acting quickly, as there may be a chance you can work out a deal prior to the... View More

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2 Answers | Asked in Landlord - Tenant for Illinois on
Q: My leasing company is requiring me to pay 4 months rent to end the lease, 60 day and two month penalty. Is this legal?

I have to provide 60 day notice, pay those two months and then pay a two month penalty at the end as well to get out. I've already moved due to work relocation but I am still continuing to pay there. Any thoughts? Thanks!

Steve McCann
Steve McCann
answered on Feb 20, 2018

The answer to your question depends on facts that are not provided here, such as the precise terminology in your lease/termination agreement, and the location of the rental. That being the case, I recommend organizing your lease and any communications you have in writing from your landlord... View More

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1 Answer | Asked in Medical Malpractice for Illinois on
Q: My daughters tongue was clamped too tight during a tonsillectomy and she was taken to the ER the day after surgery.

She was admitted for IV steroids due to the extreme tongue swelling. The doctor did admit he made a mistake. She is still having ear, jaw and tongue pain. Do we have a case ?

Steve McCann
Steve McCann
answered on Feb 19, 2018

It is possible you have a case, but the economics behind pursuing such a case is dependent on the injuries sustained by your daughter. If she has sustained very serious and/or permanent injuries as a result of her tongue being clamped too tight, it may be worth pursuing a claim. If her injuries... View More

2 Answers | Asked in Land Use & Zoning, Real Estate Law and Tax Law for Illinois on
Q: If I pay the taxes on a property I don't own, can I take ownership on the land?

The owner hasnt paid the taxes in 3 years and my family and I have been renting it the whole time. All to find out that the taxes are pass due and if not paid the property go to auction. Just trying to find out if i paid the taxes what will need to happen so i can take ownership

Steve McCann
Steve McCann
answered on Feb 19, 2018

You may be able to obtain ownership to the property through adverse possession, but an attorney must have more information prior to advising whether or not this is a possibility. This is a very fact specific determination, so I recommend organizing all information relevant to this situation,... View More

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1 Answer | Asked in Consumer Law and Insurance Bad Faith for Illinois on
Q: About a claim through State Farm that a company did for me on my house and got 30% of the adjusted money.

Pioneer Adjusting Firm (didn't no there contractors too) did a claim on damages to my house (expected inside from old leaky roof). I told the guy who came out here and got me signed up for the adjustment, that I was only looking to collect the money for the damages done to the house,... View More

Steve McCann
Steve McCann
answered on Feb 14, 2018

Based on the facts provided, it seems that you contracted with Pioneer Adjusting Firm to perform what is called public adjusting services. There are strict rules and regulations that govern the manner in which public adjusters can do business in Illinois, and it sounds as though there may have... View More

1 Answer | Asked in Contracts, Employment Law, Business Law and Business Formation for Illinois on
Q: I have a non-solicitation agreement as a contractor in Illinois. I would like to start an LLC under my wife's name.

Would I be in violation of that non-solicitation agreement if she is the owner of the business that will directly compete with my current employer? I will definitely be working for this new company. The non-solicitation agreement expires after 2 years. Thank you!

Steve McCann
Steve McCann
answered on Feb 13, 2018

Yes, it is highly likely. However, a definitive answer is dependent on the precise language of the non-solicitation agreement with your previous employer. That being the case, I recommend organizing the non-solicitation agreement and any other information you believe is relevant to this... View More

1 Answer | Asked in Business Law, Civil Litigation and Contracts for Illinois on
Q: Commercial equipment repossession

I had a commercial equipment lease for about $14k in equipment through my corporation but I signed off as a personal guarantee. My company closed and now they they are saying they are going to repo my equipment but i no longer have it. What’s the worst thing they can do?

Steve McCann
Steve McCann
answered on Feb 12, 2018

It depends on the precise terms of the lease. That being the case, I highly recommend organizing the lease, as well as any other documents you have in your possession regarding this matter, and consult with an attorney individually, as you do not want a personal judgment against you for the full... View More

1 Answer | Asked in Health Care Law and Landlord - Tenant for Illinois on
Q: can i sue apartment complex for Failing to pay hospital bills?

A couple years back I fell outside my apartment complex. It was during winter time and they didn’t clean not salted the parking lot. I took pictures and doctors/hospital paperwork. They said they were taking care of it. As of right now I thought everything but one bill was good but two years... View More

Steve McCann
Steve McCann
answered on Feb 8, 2018

You can file a lawsuit against the complex and/or property management company, but only if it is within 2 years from the date of the incident. If it is inside of 2 years, consult with an attorney immediately. IF it is outside of 2 years, you may not have any options for recovery, as the statute... View More

1 Answer | Asked in Land Use & Zoning for Illinois on
Q: Can a village regulate building additions, etc., if it has not adopted a zoning or building code?
Steve McCann
Steve McCann
answered on Feb 7, 2018

Yes, a village can certainly regulate building additions. I highly recommend consulting with an attorney, as well as the village prior to performing any work towards the addition.

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