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Questions Answered by Vincent Anthony Incopero

1 Answer | Asked in Real Estate Law for Illinois on

Q: What can I do if I signed a contract with a buyer for my home and now they want to terminate the contract.

There have been no problems with any home inspections. The buyer listed as their reason to want to terminate the contract as "It is unprecedented to pay 11,500 over asking price in this town". I had multiple offers on the house and took the best one. I keep thinking maybe I should just sign the... Read more »

Vincent Anthony Incopero answered on Apr 3, 2017

If you are dealing with a contract that provides for an attorney review period, typically the purchaser can terminate for any reason other than the sale price alone. It is not unprecedented, especially in a Seller's market/low inventory market, for parties to pay more than the appraised value.

1 Answer | Asked in Landlord - Tenant for Illinois on

Q: Is it illegal for a landlord to refuse rent? My landlord gave me a 5 day notice he now refuses to take money owed.

Vincent Anthony Incopero answered on Apr 2, 2017

Once a 5 day has been served, a landlord has no duty to accept late rent and can proceed to file a forcible (entry). In fact, many landlords are advised not to accept late rent if the Landlord wants to proceed with an eviction.

1 Answer | Asked in Real Estate Law for Illinois on

Q: I have a mortgage in my name, but the deed is in both our names. We are breaking up and he wants to stay in house

We have been together for 7 years, engaged for 3

Vincent Anthony Incopero answered on Apr 1, 2017

In short, you need to sell him your interest in the home, payoff the existing mortgage and you should retain an attorney to assist one or the both of you.

To properly protect yourself, he should purchase your interest in the property and get a mortgage to buy you out (pay off the mortgage...
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1 Answer | Asked in Business Formation for Illinois on

Q: I have an MBA. Do I still need an attorney to help me file business formation paperwork?

Vincent Anthony Incopero answered on Mar 30, 2017

There's more to the process than simply filing the articles,and that is the easiest part of the process. Keep in mind that there are plenty of attorney's that are not capable of property and thoroughly establishing an entity. You would be well advised to work with an attorney that has a thorough... Read more »

1 Answer | Asked in Real Estate Law for Illinois on

Q: condo owner occupancy question in Chicago, IL

We bought condo in 2011 as a second residency. My mother also lives there. There were no concerns about it for 6 years, when condo association fined us $1000 and attorney fees because they claim that it is not our primary residence. Their bylaws do not specify that it needs to be a primary... Read more »

Vincent Anthony Incopero answered on Mar 28, 2017

You will need to read the ByLaws, and any amendments, for the HOA to see if there is such a restriction/stipulation. If this is spelled out, there is not much you can do other than attempting to negotiate the amount of the fine or paying the fine outright.

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

Q: Can I legally separate a parcel with a joint agreement signed and notirized. Will it hold up in court at a later date?

Vincent Anthony Incopero answered on Mar 17, 2017

Without more information, your question cannot be answered.

Specifically, is this a large, unsubdivided parcel of land, or is it adjacent lots that make up a larger parcel? If it is a large unsubdivided parcel you would need to obtain a new plat of subdivision describing the area to be...
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2 Answers | Asked in Personal Injury for Illinois on

Q: Who is responsible if you get into a fender bender in a small privately owned parking lot?

Vincent Anthony Incopero answered on Mar 11, 2017

The at fault party is always responsible, regardless of where the accident occurs.

In Illinois, drivers have an absolute duty to operate motor vehicles in a manner that does not cause harm to others, regardless of the location, conditions or circumstances.

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3 Answers | Asked in Car Accidents for Illinois on

Q: My girlfriend and her baby was hit by a car crossing a mini mall exit. She okay she gona sue. What can she sue for.

They went to hosptial. She has leg muscles pain and the baby okay. But the stoller broke causing her baby to flip out the stoller to the floor

Vincent Anthony Incopero answered on Mar 6, 2017

In Illinois you can sue for any damages resulting from the negligent conduct of the driver. This would include, but is not limited to, medical bills and lost wages. I strongly suggest that you contact a lawyer immediately so that you get the proper guidance on how to proceed with this matter.... Read more »

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1 Answer | Asked in Real Estate Law for Illinois on

Q: what does hard and soft mean for windows in a real estate contract. I took the drapes and left the blinds. did I breach?

Vincent Anthony Incopero answered on Mar 2, 2017

I am unaware of either of the terms you have referred to, hard and soft, appearing in either of the two most common real estate purchase contracts used in the chicago metro area. If you were to provide the specific language appearing in the contract the question may be capable of answering. Did... Read more »

2 Answers | Asked in Landlord - Tenant for Illinois on

Q: Without a lease can a landlord tell you who can stay at the residence?

Vincent Anthony Incopero answered on Mar 2, 2017

Without a lease, there is no definitive answer to your question.

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Illinois on

Q: My tenant hasnt been paying and the eviction process is just about done now. I want to tow his car because he hasnt pai

D in months and I'd like to rent out the indoor, heated parking space. Can I do that?

Vincent Anthony Incopero answered on Feb 28, 2017

If and when you have been given an order of possession and the tenant has been legally and forcibly removed from the unit in question, you should contact the building management regarding the removal of the unauthorized vehicle.

1 Answer | Asked in Animal / Dog Law and Real Estate Law for Illinois on

Q: Who do I contact about neighbors taking my dog out of my yard and into theirs without permission?

Not the first time this has happened, however, this is the first time I had to wait for the guy to go into his house to get my dog.

Vincent Anthony Incopero answered on Feb 28, 2017

Contact the police if you have not given your neighbor permission to enter your yard and remove your dog. A simple "please don't do this anymore" would be a good way to begin the discussion, but if that has already happened and your requests have been ignored, you may wish to contact the police to... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Illinois on

Q: If someone resides with me but is not helping financially, How do I go about evicting them legally?

We both legally reside in the home. I am just preparing for this type of situation in advance, so no papers have been filed but I would like to know what i need to do.

Vincent Anthony Incopero answered on Feb 28, 2017

Without additional information regarding the other resident, it is very difficult to provide advice. For instance, do you rent or own the residence. Is the non contributing party a co-owner or a party listed on the lease agreement. Is there an agreement, written or oral, that the... Read more »

2 Answers | Asked in Car Accidents for Illinois on

Q: Was rear ended yesterday by someone following too closely. Pregnant wife in the car. Do I have a case?

Drive a Jeep Wrangler and my spare tire hanging off the back took the hit. Her hood is damaged but nothing on my car. The car was jerked around and did bump into the median that messed up the alignment. Going in for an ultra sound for my wife to make sure all is ok. Don't want to rack up medical... Read more »

Vincent Anthony Incopero answered on Feb 27, 2017

In Illinois, an at fault party is responsible for the payment of medical bills incurred by the injured party. If the events occurred as you have described, then you would have a right to seek reimbursement from the at fault driver for the medical bills incurred to diagnose and treat your pregnant... Read more »

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1 Answer | Asked in Landlord - Tenant for Illinois on

Q: Hello, after a kitchen fire that was caused by the tenant.. Is the tenant responsible for paying for damages?

Also if you have been asked to leave the apartment immediately after it happened... is the tenant responsible for paying rent in full even if they are not staying in the apartment at that time?

Vincent Anthony Incopero answered on Feb 24, 2017

Without having a copy of the lease agreement and knowing more about the nature of the loss and the causation of the fire, it is extremely difficult to provide a meaningful and reliable answer to your question. I would advise that you speak with an attorney with whom you have previously worked or... Read more »

1 Answer | Asked in Business Formation for Illinois on

Q: What do I draft up to give part ownership of a company I just started to my Dad?

Vincent Anthony Incopero answered on Feb 23, 2017

If the company is an "C corp." or "Subchapter S" corporation, you would transfer stock. If the company is an LLC, you would transfer membership units. Membership units are not technically stock or shares but perform the same legal function. You should consult a business formation lawyer to assist... Read more »

1 Answer | Asked in Real Estate Law for Illinois on

Q: Since my husbands death I want to add my sons name to the title of a house we owned.

This is a house that my son lives in and he pays the mortgage, Taxes , Ins., etc as his rent Since my husband has passed away I would like to add my sons name on the Title.

The Mortgage Co. says the only way to do that is I have to sell the house to him.

Vincent Anthony Incopero answered on Feb 23, 2017

This can be done, you should call a lawyer to assist, real estate attorneys like myself routinely take care of these matters. You will need to have a deed prepared and have the deed recorded with the Cook County recorder if the home is in Cook County. A lawyer can explain the banks statement to... Read more »

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Illinois on

Q: My wife bought a condo before we got married and now we are renting it out. But my name isn't on mortgage paperwork.

There is no power of attorney at all. Do I have any legal right in signing my name on the lease agreement? My wife's health has deminished over last few years

Vincent Anthony Incopero answered on Feb 21, 2017

If your name is not on the Title (Deed) then your signature is not necessary to execute a valid lease. Talk to a lawyer, get a POA so if push comes to shove and you need to evict you have the authority to engage an attorney to do so on behalf of a spouse who may not be able.

Your...
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2 Answers | Asked in Contracts, Real Estate Law and Estate Planning for Illinois on

Q: What are the legal implications if an executor of an estate wants to purchase the residential property of said estate?

The surviving siblings include one who is the executor. The offer to purchase the family home is being made with the condition that a real estate agent will not handle the transaction as a listing/sale, so as to increase the value of the estate to the heirs. How do the remaining siblings handle... Read more »

Vincent Anthony Incopero answered on Feb 21, 2017

The absence of a realtor is a plus and results in about a 5 to 6% savings for the estate.

If all of the heirs agree to the terms, including the purchaser/executor, each heir will have to sign the purchase contract agreeing to sell the property to the executor and will need to sign the deed...
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2 Answers | Asked in Family Law, Real Estate Law and Landlord - Tenant for Illinois on

Q: My uncle has power of attorney for my grandma. I rent a home from her. She's alive and of sound mind. Can he kick me out

He has told me I have 30 days to get out but she says to stay and that I'm not being evicted. He claims he as the ability because he is her Power of Attorney. He has also tried, as her medical power of attorney, to force her into a nursing home against her will but he found out that he cannot do... Read more »

Vincent Anthony Incopero answered on Feb 21, 2017

You will have to see the POA and read the language of the POA to determine under what circumstances it becomes active. POA's are freely revocable (can be cancelled by your Grandma). Without knowing more, I'd say the power to proceed with the forcible (eviction) is 50/50.

Your Grandma is...
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