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Illinois Contracts Questions & Answers
1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law for Illinois on
Q: My son is not renewing a lease. The roommate is renewing but refuses to pay my son his rightful half of the deposit.

My son is renting an apartment with one roommate. The lease they both signed includes a $995 deposit which they each paid half $477.50. The lease ends May 31, 2023. My son is going to move out May 31. His roommate has decided to stay in the apartment and resign the lease with my sons name deleted... View More

Cynthia Pietrucha
Cynthia Pietrucha
answered on May 31, 2023

Sorry to hear about your son's situation. Consulting an attorney on this may not be worth the money unless your son wants to prove a point or he can find a low flat rate for the legal work.

Your son should consider the following:

(1) Review the lease and document: Carefully...
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1 Answer | Asked in Contracts and Consumer Law for Illinois on
Q: If a dealership forgets to charge your $$ down and signed the contract already do you pay it or can I return the car?

Purchased a vehicle in IL over the wknd. I and they forgot about the $$ down payment. I signed the contracts. They called me up to request I pay it. Can I legally return the vehicle or do I have to pay the $$? I have it, just having buyers remorse and thought this might be a legal opportunity to... View More

Demitrus Thomas Evans
Demitrus Thomas Evans
answered on May 2, 2023

Thank you for the questions. I can't be certain unless I have read the contract. Did you read it in detail? Are there parts that you do not understand?

When you look closely at what they did charge you sure that the downpayment was not included?

People will ask me "How...
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1 Answer | Asked in Contracts and Landlord - Tenant for Illinois on
Q: Is it possible to get out of a lease without legal repercussions?

My daughter is currently renting an apartment with my niece and my brother(my niece's dad) is a cosigner.

Cynthia Pietrucha
Cynthia Pietrucha
answered on Apr 20, 2023

My firm has helped individuals and businesses get out of leases by corresponding with landlords to make this request. However, the possibility of breaking a lease depends on where you live and the landlord you are dealing with. For example, City of Chicago is a lot more difficult than the suburbs... View More

1 Answer | Asked in Contracts and Divorce for Illinois on
Q: Can my parents enter me (adult child) into a contractual obligation within their divorce decree without my signature?

In my parents divorce decree they entered me into obligation to pay 1/3 of my college. The other third being paid by my dad and the other my mother. Is this obligation legally binding if I never signed anything agreeing to this obligation and that they agreed to it on my behalf even though I was... View More

J. Richard Kulerski
J. Richard Kulerski
answered on Apr 19, 2023

It doesn't mean that you must pay one-third. It only requires your parents to pay one-third each. Their respective obligations are capped at one-third each. The court had no jurisdiction over you and could not order you to do anything.

2 Answers | Asked in Business Law, Contracts and Employment Law for Illinois on
Q: Employee Non-Competition and Confidential Information Agreement" enforcement.

Back in 2002, I signed a "Employee Non-Competition and Confidential Information Agreement" with my employer, which is a tire dealer. In 2004 I resigned from this company and worked for a another company about 25 miles away from my previous employer that I resigned from. It was also a tire... View More

T. J. Jesky
T. J. Jesky
answered on Apr 16, 2023

Short answer: No. An employer cannot unreasonably stop you from making a living. Generally, if you sign a Employee Non-Competition and Confidential Information Agreement, it is valid for no more than two years. I have yet to hear of any Court enforcing such a document if it states in the... View More

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1 Answer | Asked in Construction Law and Contracts for Illinois on
Q: What is the best legal action to motivate a contractor to complete a project and what are our rights as homeowners?

Currently in the middle of contract for a home addition that was signed December 2021. The project officially began 2/9/22, blueprints were finalized 6/24/22, and permit were pulled 7/29/22. At this point I would say the project is about 40% done. We have paid 90% of the contract. After the... View More

Frederick A. Lurie
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Frederick A. Lurie
answered on Apr 14, 2023

Under Section 5 of the Mechanics Lien Act, the contractor is required to provide you with a sworn statement listing all the subcontractors, their trades and contract amounts before any money is due if you request the information. The statute provides:

"It shall be the duty of the...
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1 Answer | Asked in Employment Law and Contracts for Illinois on
Q: My former employer signed a written agreement not to continue giving me a bad reference. Is this agreement legal?

I had a lawyer for a reference checking company handle the situation. The lawyer sent the employer a Cease and Desist letter. The company agreed to only provide date of hire, departure, and title of position. The employer sent the lawyer a signed agreement - to avoid getting sued for giving... View More

Cynthia Pietrucha
Cynthia Pietrucha
answered on Mar 2, 2023

Based on the information provided, it appears you have a breach of contract case. If the relevant deadlines for acting on such a claim have not passed, you can sue the employer for breach of contract.

However, it does not appear you'd have a separate action for the cease and...
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1 Answer | Asked in Banking, Civil Litigation, Contracts and Bankruptcy for Illinois on
Q: Can I say I’m going in to bankruptcy during a judgement
James L. Arrasmith
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answered on Mar 2, 2023

Yes, you can declare bankruptcy during a judgement. Filing for bankruptcy can stop or delay the enforcement of a judgment against you, as well as discharge or reduce certain debts. However, it is important to note that there are different types of bankruptcy, and not all debts can be discharged or... View More

1 Answer | Asked in Contracts, Criminal Law, Employment Law and Tax Law for Illinois on
Q: Hi. My previous employer used my SSN for another guy with almost the same Name as mine and I came to know about it when

I received tax document in my mail box. Can I file a law suit & if yes who.

James L. Arrasmith
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answered on Mar 4, 2023

Yes, you may be able to file a lawsuit for identity theft or fraud against your previous employer for using your Social Security number for another person. You should consult with an attorney who specializes in identity theft and employment law to evaluate your options and help you pursue any legal... View More

2 Answers | Asked in Employment Law and Contracts for Illinois on
Q: Signed non-compete in IL, that I must give 10-day notice & name of my next employer before quitting. Do I have to do so?

I signed a con-compete in Illinois that reads "If for any reason I decide to voluntarily resign from the Company, I acknowledge that the Company requests that I provide at least 10 business days written notice of my intent to leave, the date I want to leave, and (as soon as I know it) the name... View More

Bryan R. Bagdady
Bryan R. Bagdady
answered on Feb 2, 2023

Your question is missing some important information. Having said that, non-competes are not enforceable in Illinois unless they are reasonable under the circumstances. I do not believe that an Illinois court would find the requirement to disclose a new employer as being unreasonable. I suspect that... View More

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Q: so a land patent protects the property within the land patent if the holder steps foward
James G. Ahlberg
James G. Ahlberg
answered on Feb 1, 2023

I don't mean to sound rude, but you've made a statement rather than asking a question. Do you have a question? You'll want to use somewhat correct terminology. A "land patent" typically refers to the initial grant of a piece of land by the government to an individual or... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Illinois on
Q: Hello I need your help, please a recommendation, or something My ex Renter doesn't wanna give back my deposit back

I moved from the house where I was renting and I had given a deposit of $1,100 and soon after I vacated the house I took out all my things.Handed the Owner His keys , The owner came and I asked him about my deposit and he said NO! That according to him, the Deposit is used and covers all the... View More

Dragan Ivetic
Dragan Ivetic pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 10, 2023

The answer will depend on the terms of the lease agreement that you had, which we do not know. However it is typical that a security deposit may be used to cover repairs to the property after you move out that are needed to restore the property to rent to another person. The lack of repairs... View More

1 Answer | Asked in Contracts, Business Law and Internet Law for Illinois on
Q: If you already have an LLC and you create a new unique product - is it better to set up a new LLC to separate it?

I am wondering about legal protection and how it works with legal issues. If an issue surfaces and you have multiple LLCs do they all get called into court since your name as a member is on all of them - is there really any more legal protection with a LLC vs ones that already exist?

Demitrus Thomas Evans
Demitrus Thomas Evans
answered on Dec 23, 2022

No, the LLCs are separate, if you have kept them separate with different bank accounts, addresses, etc.

If your new product can be protected because of its new process (it does something that no other product does) perhaps your protection is not from the type of structure but in...
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1 Answer | Asked in Contracts for Illinois on
Q: Bristol West lost my policy but continued to charge me for a car that I trade in 2020. Is that stealing money from me ?
Tim Akpinar
Tim Akpinar
answered on Dec 11, 2022

An Illinois attorney could advise best, but your question remains open for two weeks. Until you are able to discuss the matter with a local attorney, I'd guess that it's probably an oversight or administrative glitch. Stealing requires intent, and a major carrier is not likely to put... View More

1 Answer | Asked in Business Law, Construction Law and Contracts for Illinois on
Q: My general contractor is breaching the contract again, how could we handle this?

Business site

Bryan R. Bagdady
Bryan R. Bagdady
answered on Oct 30, 2022

A properly drafted construction agreement should have termination provisions. Start by reading the contract and be aware of your notice and termination obligations. Any contract case requires that you show offer, acceptance, consideration, duty, breach and damages. Remember that in the case of... View More

1 Answer | Asked in Contracts and Immigration Law for Illinois on
Q: Have a legal signed contract with someone who got deported. Is it still valid?
Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Oct 25, 2022

The contract validity is not at issue, even if that contract is valid, the contract party is not within the legal jurisdiction and that the contract’s performance could not be enforced, unless the party has its agent, assets or property for a judgment.

1 Answer | Asked in Contracts and Real Estate Law for Illinois on
Q: What sort of contract will guarantee me compensation for money put into a house I don't own?

My boyfriend is buying a home we will live in together. The loan is VA so I can't be on the title until we are married, but I don't want to invest money into renovations if I have no legal rights to it. Is there any sort of contract we can create and sign that promises to pay me back a... View More

Bryan R. Bagdady
Bryan R. Bagdady
answered on Oct 24, 2022

I always counsel boyfriend/girlfriend client situations to ask themselves what documentation would they want if the other person were not your boyfriend/girlfriend. It is a mistake to think that the status of boyfriend/girlfriend has anything to do with the commercial arrangement of loaning money.... View More

1 Answer | Asked in Real Estate Law and Contracts for Illinois on
Q: I'm buying my house on contract and I'm late in my payment but in the contract it says I have 14 days of the notice to

Fix the default well she already has put a for sale sign in the yard and has the house on market place for sale for 20,000 and I was only paying 10,000 also have already paid 9,000 so only owe 1,000. What can I do?

Erik K Jacobs
Erik K Jacobs
answered on Oct 14, 2022

Well, Illinois law deals specifically with Installment Contracts in the Installment Sales Contract Act, 765 ILCS 67/1 et seq.

Under that Act, a purchaser who is in default has a 90-day period to cure the default before a seller can bring any sort of action against you. Further, under the...
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1 Answer | Asked in Contracts and Employment Law for Illinois on
Q: I am a remote worker in IL. I have been offered a buyout with offering have of my PTO being paid out. 3 wks vs 6 wks.

I have to make a decision and if I take the buyout; with my tenor, they will only payout 120 hours instead of the 238 hours that I have accrued. Looking at IL Sec. 300.520, I think I should be paid the full amount but the legal language is tripping me up. Which trumps what? The severance agreement... View More

Nicholas James Crawford
Nicholas James Crawford
answered on Sep 1, 2022

Your employer is required to payout all earned (accrued and unused) vacation time. Depending on your companies PTO policy, your balance may include both a vacation and some sort of sick time. However, the amount they pay out can not be some sort of arbitrary amount. A company can not maintain... View More

1 Answer | Asked in Contracts for Illinois on
Q: I am an independent contractor (yoga instructor) and have a signed contract for a non compete. I have a question on this

I have a contract with a women I work with stating I will not market to clients that are associated with her business. Her company markets and she hires me to then work with the clients. My question is, if a former client from her company reaches out to me on thumbtack (which then I am charged... View More

Ana M. McNamara
Ana M. McNamara
answered on Jul 14, 2022

It is not a good idea to work with this client. You don't indicate whether the client was someone that you worked with (taught) in the past for her. However, a non-compete means you cannot solicit or work with her clients while employed by or while you have an independent contractor agreement... View More

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