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Questions Answered by Mazyar M. Hedayat Esq.
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 »

Mazyar M. Hedayat Esq.
Mazyar M. Hedayat Esq. answered on Feb 22, 2017

You ask about the "legal implications" of an Executor who is also a surviving sibling (of the Decedent?) buying the Estate's property and asking that a real estate agent not be involved. Without going too deep into the details, this idea appears wrong on every level. In short, there are red flags... Read more »

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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 »

Mazyar M. Hedayat Esq.
Mazyar M. Hedayat Esq. answered on Feb 22, 2017

You ask if your uncle, who has your grandmother's PoA, can evict you from her property, which you currently rent. The Short Answer is "Yes." That is what a Power of Attorney is for - it relieves the grantor (your grandmother) of the responsibility to manage certain tasks in favor of the grantee... Read more »

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2 Answers | Asked in Business Formation, Business Law and Construction Law for Illinois on
Q: Is the "Home Repair and Remodeling Act" in Illinois still in effect?

I'm looking into starting up a small carpentry business. Just want to make sure I know what exactly needs to be done to prevent any Issues that may arise, as best as I can.

Mazyar M. Hedayat Esq.
Mazyar M. Hedayat Esq. answered on Feb 20, 2017

Yes. The Illinois Home Repair and Remodeling Act found at 815 ILCS 513/ is still the law of the land in Illinois. It requires that certain disclosures be made by a contractor before performing work on behalf of a consumer in connection with a residence. Keep in mind that the Act can only be... Read more »

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1 Answer | Asked in Small Claims and Collections for Illinois on
Q: My father won a small claims court case in 1/2016 and the current judge is not enforcing the defendants payment plan.

The defendant was ordered to pay monthly and has come up with every excuse imaginable and now is 130 days late. The Judge will not enforce the order that clearly states that if a payment is missed, the defendant will be placed in jail and his bond will be the balance owed to my father. How can we... Read more »

Mazyar M. Hedayat Esq.
Mazyar M. Hedayat Esq. answered on Feb 17, 2017

There are a number of reasons why you may wish to change judges in a case: of right, and for cause. The meaning of these terms is outlined in the Illinois Compiled Statutes, 735 ILCS 5/2-1001.

Substitution as of Right: The most frequently used Motion for Substitution of Judge (SoJ) is that...
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1 Answer | Asked in Contracts for Illinois on
Q: Question regarding contract, take over vehicle payment

Hi. A women took over payments on my vehicle. She neglected to make the last payment. She stated to me that she lost her debit card, then she told me she would pay it when she got paid. Now, 3 weeks later, she states that I overcharged her by 3,000. The contract states that she must make 48... Read more »

Mazyar M. Hedayat Esq.
Mazyar M. Hedayat Esq. answered on Feb 6, 2017

While you do a good job of describing your situation, the premise of your story - that someone "took over payments" as to your vehicle - has no legal basis. In short, you are responsible to make payments on account of all assets secured by debt. Regardless of what arrangements you make with 3rd... Read more »

1 Answer | Asked in Real Estate Law for Illinois on
Q: My realtor told me that I can't use a cashier's check to purchase a house. She said money must be wired if over 55k.
Mazyar M. Hedayat Esq.
Mazyar M. Hedayat Esq. answered on Jan 30, 2017

That is correct. This is one of the new regulations that was passed following the "sub-prime" mortgage crisis in 2008-2010. I hope this information was helpful. Best of luck!

1 Answer | Asked in Bankruptcy for Illinois on
Q: I want to declare bankruptcy do I need to be in the country to file it?

I'm currently not in USA but my business is still running. I'm facing hard time to continue and want to shutdown and declare bankruptcy. I'm not a USA citizen and I'm an investor. I was told that I need to be physically present in the States to file bankruptcy. I also need to know what are the... Read more »

Mazyar M. Hedayat Esq.
Mazyar M. Hedayat Esq. answered on Jan 26, 2017

Your question has several parts to it, so I will attempt to answer them in the order presented.

(1) To file Bankruptcy in the United States the Court must have jurisdiction over you (personal jurisdiction) and over your debts (subject matter jurisdiction). Another way to look at it is that...
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2 Answers | Asked in Civil Litigation for Illinois on
Q: What's the threshold for suing someone in small claims court?
Mazyar M. Hedayat Esq.
Mazyar M. Hedayat Esq. answered on Jan 18, 2017

The upper limit for Small Claims Court is $15,000 but there is no minimum. I hope this information was helpful. Best of luck.

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1 Answer | Asked in Real Estate Law for Illinois on
Q: What is a Condo Board function in transfer money from building insurance to incur damage 3 condo owners ?

Condo board received payment for flood damage for 3 units. Boards payed out us only 50% and requested form us to sign 1) complicated 16 page agreement ,2)certificate of limited warranty, 3)final waver of lien.Why Board required from us to sign those papers? Insurance already made payment by sending... Read more »

Mazyar M. Hedayat Esq.
Mazyar M. Hedayat Esq. answered on Jan 18, 2017

The Board of your Condominium has duty to all residents/members to ensure that insurance proceeds are applied properly for repairs. Once those repairs have been completed, the Board is responsible to ensure that any applicable warranty is honored. Finally, the Board is also required to prevent the... Read more »

2 Answers | Asked in Real Estate Law for Illinois on
Q: How to request lender take possession of property? Mortgaged property no longer primary care residence.

Due to continued financial hardship since Feb 2016 can no longer afford mortgage payment. What terminology should be used? Request release from ownership? Transfer of ownership?

Mazyar M. Hedayat Esq.
Mazyar M. Hedayat Esq. answered on Jan 15, 2017

The Short Answer to your question is there is no way to compel a lender to take possession of the property securing your loan. You may ask to arrange for a deed in lieu of foreclosure, but even then the choice is up to the lender. This matter is worth consulting an Attorney in your area and... Read more »

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1 Answer | Asked in Business Formation for Illinois on
Q: I am buying a pre-existing business - do I need to form my own company to do that?
Mazyar M. Hedayat Esq.
Mazyar M. Hedayat Esq. answered on Jan 13, 2017

There are 2 primary ways to buy an existing business:

(a) Stock Purchase

(b) Asset Purchase

These are very different ways of buying. In a Stock Purchase you step into the shoes of the existing business, including any negative history or events. In an Asset Purchase you are...
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1 Answer | Asked in Construction Law for Illinois on
Q: My contractor is billing me for more than the estimate - what can I do?
Mazyar M. Hedayat Esq.
Mazyar M. Hedayat Esq. answered on Jan 13, 2017

Your contractor may not bill you for more than his Estimate without seeking your permission in writing. Such written permission is known as a Change Order and must include an estimate of costs, a description of the work to be done, an estimate of the additional labor, material, resources, and time... Read more »

1 Answer | Asked in Real Estate Law for Illinois on
Q: In Illinois, can you add a clause to a real estate purchase contract that said contract can be assignable?
Mazyar M. Hedayat Esq.
Mazyar M. Hedayat Esq. answered on Jan 12, 2017

Yes. You may make your real estate contract assignable in Illinois.

1 Answer | Asked in Business Law for Illinois on
Q: What is a subchapter S corporation?
Mazyar M. Hedayat Esq.
Mazyar M. Hedayat Esq. answered on Dec 20, 2016

A "Subchapter S Corporation" or "S Corporation" is simply an Illinois corporation (or professional corporation) registered under Subchapter S of the IRS Code. You will find instructions here: https://www.irs.gov/businesses/small-businesses-self-employed/s-corporations. To qualify for S corporation... Read more »

2 Answers | Asked in Business Formation for Illinois on
Q: If I plan to issue stock in my company, should I form as a corporation or something else?
Mazyar M. Hedayat Esq.
Mazyar M. Hedayat Esq. answered on Dec 20, 2016

You wish to issue stock in (i.e. shares of) an enterprise.

While this may be accomplished via a corporate format, it is also possible via a limited liability company (LLC), limited partnership (LP) and, in some states, the limited liability partnership (LLP). Ultimately, your choice will...
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1 Answer | Asked in Construction Law for Illinois on
Q: How do I fight this? I paid a contractor for work done on my house

but he didn't pay a subcontractor and they've now put a lien on my house.

Mazyar M. Hedayat Esq.
Mazyar M. Hedayat Esq. answered on Dec 15, 2016

Based on what you've written, you have a cause of action against the Contractor for taking your money and failing to pay his subcontractor. Unfortunately, this does not mean you have a defense to the Subcontractor's Mechanics Lien claim. It is easier to talk it out than address it here. Feel free... Read more »

2 Answers | Asked in Bankruptcy for Illinois on
Q: Filed chapter 7 received a letter from furniture company store that says I have to pay for the furniture or return it

I saw my Trustee today and none of my creditors were there, also in the letter it under Uniform Commercial Code Section 9-103 I need to know can they continue to collect the debt or do i send them a letter stating that i filed chapter 7 and stop sending me letters?

Mazyar M. Hedayat Esq.
Mazyar M. Hedayat Esq. answered on Dec 7, 2016

If your Chapter 7 case was filed properly and all creditors identified, the furniture store should already have received a notice to cease and desist from all activities related to collection based on the Bankruptcy Code's "Automatic Stay." The store may still be able to take action if it is a... Read more »

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1 Answer | Asked in Business Formation for Illinois on
Q: My commercial property is owned by an LLC that we set up.

I’ve gone and purchased another building out of state — should I use the same LLC for that one, or form a new one if the other state?

Mazyar M. Hedayat Esq.
Mazyar M. Hedayat Esq. answered on Nov 23, 2016

You ask if you should create a new limited liability company (LLC) to own and manage an out-of-state building (commercial?) that you recently acquired.

There is no one "right" answer to this question, but I recommend you look into either the creation of a new LLC (it may have to be formed...
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1 Answer | Asked in Construction Law for Illinois on
Q: A sub-contractor is suing me in District Court and asking for attorney’s fees

- but they are bringing the case to court themselves. Can I get this moved to small claims?

Mazyar M. Hedayat Esq.
Mazyar M. Hedayat Esq. answered on Nov 23, 2016

Your question is too vague for a full answer. To begin with, you reference being sued in "District Court" - which is the name given to Federal Courts in Illinois. I suspect you mean that you are being sued in the Circuit Court for your County and your question is how to have the matter heard in the... Read more »

2 Answers | Asked in Real Estate Law for Illinois on
Q: I sold my property on contract for deed in 2006 and in 2008 I took back my property he did not do what was in contract

Now they say I do not have a clear deed and he is deceased what do I do. They say his name is still on my property. He had not made a payment or insurance or anything. And the contract say that I can take it back

Mazyar M. Hedayat Esq.
Mazyar M. Hedayat Esq. answered on Nov 21, 2016

You indicate that you sold a piece of Illinois real property via a Contract for Deed and that you took possession of the property in 2008 when the contractee (buyer) failed to follow through. Now, you say that the buyer's name is on the deed to the property but that he has passed away. This is... Read more »

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