Chicago, IL asked in Landlord - Tenant, Real Estate Law and Contracts for Illinois

Q: Does a landlord have to have their property inspected before they can sell it?

I was engaged in a contract for deed and decided that we wanted to renovate. Before having the property paid the seller signed over the deed so we could get a loan on the property. While trying to get a loan we realized that the house would probably be condemned if inspected. Not knowing it before we bought it the house had tremendous structural damage to the main support beams and the joists in the first floor. We're buying the house for $30,000 and is estimated $30,000 or better to replace and fix what's broken. It is clear that the damage that is done has been there for a long time. Can I get my money back because there's no way that we can afford to fix this we bought what we bought because we thought we could afford it and she told us that it could be lived in when in fact it should not be lived in and should be condemned.

1 Lawyer Answer

A: What does your contract for deed say about your right to have the property inspected? Normally the seller doesn't have an obligation to have the property inspected. Instead, because it is important to the buyer, a buyer typically requires that the contract for deed allows them to have the property inspected at the seller's expense within a specified period of time. Did a lawyer represent you when the contract for deed was prepared? If so, go back to him or her and discuss the problem, being sure to bring any and all documents dealing with the situation and what you've learned about the property. If nothing else, your suspicions should have been raised when the seller was willing to give you a deed before being paid in full. No rational person would do that unless he or she was anxious to be rid of a property regardless of what happened afterward.

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