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Illinois Contracts Questions & Answers
1 Answer | Asked in Civil Litigation, Contracts, Intellectual Property and International Law for Illinois on
Q: I unknowingly traded a minor vehicles. He forged his dads name (same name). They said they are reporting it stolen.

He traded me vehicles across state lines and they said I'm going to be arrested. The vehicle is already in my name and licensed, they said it's my fault and their soon can't have criminal charges brought against him for taking "his" car, which turns out to be his fathers... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on May 24, 2019

Keep this plausible story in a safe place so you will be able to re-tell it to the police--if they arrest you.

1 Answer | Asked in Contracts and Employment Law for Illinois on
Q: Can I cancel the job offer of type "At will" after accepting the offer for another better offer?

I am an international student on F1 visa. I have accepted a job offer from a company(in Illinois) for which I have signed documents such as employment contract and NDA contract. All these documents has clearly mentioned the nature of employment as "At Will" with no mention of notice... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on May 20, 2019

Since you did not mention a non-complete clause in the employment contract, I will assume that issue is no concern. Accordingly, unless you have received some valuable benefit(s) from the first company (such as a signing bonus, special training, valuable company equipment, laptop, etc.), there... View More

1 Answer | Asked in Contracts for Illinois on
Q: I have a contract w/ noncompete and a commission addendum. 4 months ago they stopped paying commission after 30 months.

Does that void the contract in whole or what time limit is there for non pay? It is severely effecting my family finances and I can get a job at a competitor.

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on May 10, 2019

I am not licensed to practice in Illinois, but under Florida case law egregious non-payment of wages or salary such as you describe would negate the entire contract; and very few judges would allow the company that breached your written contract to prevent you from taking a job at a competitor,... View More

2 Answers | Asked in Contracts for Illinois on
Q: Where are the pro bono lawyers.

I need a lawyer's help. The person lives in Oceanside CA.

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Apr 9, 2019

If you are wondering why lawyers here on Justia frequently advise people to consult with a lawyer who handles your particular issues it is because Justia is a free online legal forum established to allow members of the public to ask general legal questions. Most of the lawyers are very experienced... View More

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1 Answer | Asked in Contracts for Illinois on
Q: Can I sue Mr Malone for breach of promise to send for me to relocate once he received his vet back pay benefits.

Mr Malone sent me a set of rings in May of 2018. I understood we were going to get married.

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Apr 3, 2019

Sure; in America anyone can sue anybody for anything at any time (even without a lawyer in small claims court). Winning the lawsuit is another matter. Suing an American citizen from another nation is still another bigger matter.

If you decide to sue you should be prepared to pay the...
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1 Answer | Asked in Contracts for Illinois on
Q: I agreed to let a friend use my car for 2 days. After 2 days, my friend informed me he was not returning my car.

He has refused repeated instructions to return my car. Can I file a police report?

Thomas Howard
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answered on Mar 27, 2019

Yes, that's conversion of your property to his own. You gave him the authority to use the car, not gifted it to him. Tell the cops - if they don't get your car back, you can replevin it - but that's silly the police should go get it. Tell him to return it by such and such date, or... View More

1 Answer | Asked in Business Law, Civil Litigation, Contracts and Employment Law for Illinois on
Q: I had a verbal breach of contract when I signed an offer letter as an independent contractor, can I sue for this matter?

I signed an offer letter with a staffing agency to work as their account manager and the owner of the agency had multiple verbal agreements that he retracted after I signed the letter. I have evidences of witnesses, emails, calls and text proving this matter. Can I sue him for damages for... View More

Steve McCann
Steve McCann
answered on Feb 18, 2019

You may be entitled to a remedy based on the facts provided, but the viability of recovering on such an action is dependent on specific facts that are not provided here, such as the details around the statements made, as well as the terms of the offer letter you reference. That being the case, I... View More

3 Answers | Asked in Contracts, Employment Law, Personal Injury and Workers' Compensation for Illinois on
Q: When does the 33 percent fee change to 40 percent in a contingency agreement?

I am looking to get clarification regarding the following paragraph:

---"Contingency Agreement. This is a contingency agreement. The attorney's fee shall be: a. 33 and 1/3 percent before Trial; b. 40 percent if the case proceed to a Trial."---

Based on this, when... View More

Tim Akpinar
Tim Akpinar
answered on Jan 26, 2019

Your attorney would be in the best position to clarify this issue based upon the exact terms of your retainer agreement. The specific time or trigger you ask about is a valid concern and you should pose it to your attorney, so that both of you are clear as to the threshold at which the attorney fee... View More

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1 Answer | Asked in Contracts and Employment Law for Illinois on
Q: Good morning. My job was closed December 31st 2018 at Rush University Medical Center where I was employed for 10 years.

The contract I signed stated that I would receive severance and a retention bonus that was to be paid out this pay period. I have not received as promised and have my signed documents. What are my legal rights and options as not only was I laid off but my bills and well being are all affected by... View More

James G. Ahlberg
James G. Ahlberg
answered on Jan 18, 2019

It's hard to give you a solid answer without reviewing the documents you have. I encourage you to have your documents reviewed by a lawyer practicing in the field of employment law (not labor law, which deals with union-management issues, unless you were a union member) to assist you.... View More

1 Answer | Asked in Contracts and Construction Law for Illinois on
Q: What legal rights do we have against a Contractor?

We hired a contractor almost 2 years ago to do work within our home, they did the work and within 3 months the same issues came back. We’ve reached out and they do patches, we’ve requested a refund and they said they’d send someone out to do the work. They’re no longer responding to our... View More

Steve McCann
Steve McCann
answered on Jan 7, 2019

Your legal rights are dependent on specific facts that are not provided here, such as the precise terms of the contract and the nature of the issues you are having with your home. That being the case, I recommend you organize everything in your possession related to this matter, including the... View More

1 Answer | Asked in Contracts and Real Estate Law for Illinois on
Q: Contract for deed void because of missing and wrong info on contract? It's also only a 4 year contract.

My mother in law sold her house on a contract for deed sale in Coles Co. Illinois. It was signed in June of 2015 and wrote out as monthly payments for 48 months and then a lump sum balloon payment. The girl who helped her write the Contract did it like crap.

Contract says original purchase... View More

Steve McCann
Steve McCann
answered on Dec 20, 2018

There are several issues based on the facts presented. Illinois has very strict requirements when it comes to contracts for deed, or installment land contracts. If all of the requirements are not met, it can be deemed voidable by the court, which could entitle the previous buyer to all funds paid... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Illinois on
Q: I rented an apartment and the property manager signed the lease, but not the landlord. Is the lease valid?
James G. Ahlberg
James G. Ahlberg
answered on Nov 15, 2018

Probably. Many landlord's delegate the authority to sign a lease to the person managing their property.

1 Answer | Asked in Landlord - Tenant, Real Estate Law and Contracts for Illinois on
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... View More

James G. Ahlberg
James G. Ahlberg
answered on Nov 13, 2018

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... View More

1 Answer | Asked in Contracts for Illinois on
Q: A school sold a parking spot for $330 but then shut the closest door to the parking lot, forcing an extra walk of 90 sec

Hello! I have a question regarding a high school parking lot. If a high school sold access to a parking spot for the length of a school year for $330, and then months later disallowed students to use the door closest to the parking lot with the next closest door being an extra 90 second walk, would... View More

T. J. Jesky
T. J. Jesky
answered on Nov 2, 2018

It seems to me that it took you more than 90 seconds to write this question. It is doubtful, if there is any legal recourse to avoid this extra 90 second inconvenience. If there was legal recourse, the time, cost and effort to do anything would be prohibited.

1 Answer | Asked in Contracts and Real Estate Law for Illinois on
Q: We signed a contract for deed in IL and cannot afford to stay. Can we vacate the premises and return property to seller

We want to get out of the contract for deed. We are behind on payments. Seller states if we move we are liable for the entire amount

being due immediately...

T. J. Jesky
T. J. Jesky
answered on Oct 20, 2018

There are too many missing parts to your question. If you signed a contract to lease the premises and with option to purchase at the end of the lease, then you would be liable for the term of the lease. That being said, the landlord would need to make a reasonable effort to the lease the... View More

1 Answer | Asked in Contracts for Illinois on
Q: I signed my lease and never got a copy of it?

I singed the lease October for the 8th and i never received a copy of it. I’ve asked multiple times for a copy and still haven’t gotten one. What do I do?

Steve McCann
Steve McCann
answered on Oct 16, 2018

You have a couple of options based on the facts provided, but the most suitable option is dependent on facts that are not provided here, such as your goals in the matter (i.e. if you want to terminate the lease, etc...) and if your lease is subject to the Chicago Residential Landlord Tenant... View More

1 Answer | Asked in Contracts and Real Estate Law for Illinois on
Q: we purchased home as is in Illinois based on disclosure form stating that there was no leaks.

the form had been checked stating there was leaks, then marked through indicating no leaks. do I need to find out if seller had been advised by her agent to change statement or did she do so on her own. Very evident that attempted repairs had been made over the 28 years seller had owned property.... View More

T. J. Jesky
T. J. Jesky
answered on Sep 28, 2018

Here is the Illinois Compiled Statute (765 ILCS 77/55)

Sec. 55. Violations and damages. If the seller fails or refuses to provide the disclosure document prior to the conveyance of the residential real property, the buyer shall have the right to terminate the contract. A person who...
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2 Answers | Asked in Contracts for Illinois on
Q: We hired a contractor in May. It's now September. Work is not complete, can we sue? We already paid him...

Contractor kept putting us off. I called him at the end of June and told him we needed our patio by the end of July. He told us we'd have a beautiful patio by then. We did not. We have a unlevel, unmeasured, poorly stamped crooked patio. It's September and it's still not cut and... View More

T. J. Jesky
T. J. Jesky
answered on Sep 16, 2018

The fact that the summer has passed, and the permit expired, unless your contract with the contractor stipulates otherwise, "yes" you can sue.

Before you sue, you should probably do the following:

Send the contractor a certified letter acknowledging the breach of contract,...
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1 Answer | Asked in Civil Litigation, Contracts, Landlord - Tenant and Real Estate Law for Illinois on
Q: Can the owner back out selling house if in rent to own lease agreement if the tenant has done nothing to violate lease?

We signed a one year contract rent to own lease and want to purchase the house and now seller says we have to be out by end of lease and not selling to us.

T. J. Jesky
T. J. Jesky
answered on Sep 28, 2018

Short answer: No Long Answer: A contract is a binding document and commitment between the parties. Before we can say the owner is committed to sell the house to you, you would need to read the terms of the contract. There may be a provision that might allow him to rescind the contract. If the... View More

1 Answer | Asked in Contracts for Illinois on
Q: Can a seller.get out of a contract. And if so how?
T. J. Jesky
T. J. Jesky
answered on Sep 14, 2018

Once you enter into a valid contract, the contract binds you to its terms. A material breach means you cannot fulfill the main promise of the sale.

The first thing you want to do is read the contract to see your obligations if there is a breach. Once you understand your contractual...
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