Tinley Park, IL asked in Real Estate Law for Illinois

Q: In Illinois, can I back out of the sale of my house? I discovered a erroneous lien and need it released.

Realtor says I still have to sell.

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1 Lawyer Answer
Kori Maria Bazanos
Kori Maria Bazanos
  • Chicago, IL
  • Licensed in Illinois

A: Generally, real estate sales contracts require the seller to deliver good and merchantable title to the buyer, which means conveying title clear of liens. It sounds like there is a lien that you would like to challenge. You should discuss the lien with the attorney representing you with the sale. You might be able to: (a) obtain a release of the lien before the closing, (b) persuade the title company that the lien is invalid, which would allow you to close; or (c) insure over the lien, which would allow you to close with the lien still of record, and then work on getting the release of lien after the closing. Without knowing the details of your situation, it is unclear if you are obligated to close on the sale.

Tim Akpinar agrees with this answer

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