Ask a Question

Get free answers to your Contracts legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Illinois Contracts Questions & Answers
1 Answer | Asked in Civil Litigation, Contracts and Landlord - Tenant for Illinois on
Q: Should I file a claim against a company that will not give me my deposit fee back?

I did not get a notice on whether I got accepted to rent an apartment. I called landlord after not hearing back for two weeks and informed landlord I was no longer interested. Landlord said she would let company know. A month later no deposit check back. Called company and they said its used for... View More

T. J. Jesky
T. J. Jesky
answered on Sep 10, 2018

Illinois Statute (765 ILCS 710) is directed towards all landlords in Illinois for residential property containing five units or more in an apartment complex or in a single building. Under the Illinois statute, a landlord needs to return the security deposit within 30-45 days, of vacating the... View More

1 Answer | Asked in Contracts and Real Estate Law for Illinois on
Q: We are selling our home and the buyers are purchasing have breeched the contract what can we do?

They have not followed thought on their timelines and keep asking for more money and froze their loan process and we are trying to buy at the same time. We are good to close next week but they won’t follow through on their side is there anything we can legally do? We’ve had to rent a a storage... View More

T. J. Jesky
T. J. Jesky
answered on Sep 8, 2018

When you entered into a real estate sale agreement, that agreement became a binding contract. Like other legally binding contracts, if one of the parties refuses to complete the real estate transaction according to its terms, the other party may seek damages for breach of contract.

If the...
View More

1 Answer | Asked in Contracts for Illinois on
Q: Is contingency allowed for a 22.1 disclosure negotiable, or timebound? Does buyer have an out on this basis til closing
Steve McCann
Steve McCann
answered on Aug 24, 2018

It depends on the language in the contract and the basis for justifying the buyer terminating the contract based on the 22.1 disclosures, as it is a fact specific determination. I recommend asking the attorney representing you in this transaction for his or her opinion on this matter, as they are... View More

1 Answer | Asked in Contracts and Divorce for Illinois on
Q: Does Illinois have a Free Trade Agreement, allowing one party to buy a house while separated, with proper signatures?

I am referring to just being separated, rather than actually divorced, as I know the divorce process can take some time. we have agreed to sell our current house before officially filing, and I was hoping I could look into buying another on my own.

J. Richard Kulerski
J. Richard Kulerski
answered on Aug 1, 2018

You can definitely buy another home while separated or during the pendency of a divorce. It will be deemed to be marital property unless you and your spouse agree that it will be just yours.

1 Answer | Asked in Contracts and Landlord - Tenant for Illinois on
Q: I'm a buyer in a contract for deed.I no longer want to pursue this property. Me and the seller have agreed to part.

Is there any legality issues we need to worry about once we both terminate on our sides? Also the contract was not turned in to the state at all.

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

A simple written agreement between the parties stating they both consider the contract for deed to be null and void should do the trick as long as all parties sign and date enough copies that each of you gets one with all original signatures and the agreement describes the land involved. The... View More

1 Answer | Asked in Contracts for Illinois on
Q: Must proposal/contract of the roofing contractor be signed by both parties? Homeowner, signed but wants to cxl.

Contract indicates they may hire "trusted" sub-contractors, not of my choosing...

and if cxld would be charged 30% of contract for "liquidated damages" for their expertise, time and travel, etc..

Work has not been started and money has not been given....

Steve McCann
Steve McCann
answered on Jul 6, 2018

It is possible you can cancel without liability, but it depends on very specific facts that are not provided here, such as the precise language in the contract, the extent of the work performed, and other representations made by all parties involved. As such, I recommend organizing all documents... View More

1 Answer | Asked in Contracts, Divorce and Family Law for Illinois on
Q: In Illinois, is a contract (marriage) void or voidable if it violates an injunction/court order?
J. Richard Kulerski
J. Richard Kulerski
answered on Jun 19, 2018

Please be specific. How can a marriage possibly violate a court order?

1 Answer | Asked in Contracts for Illinois on
Q: I purchased 3 plots - 1 paid in full, 2 on contract. I tried to terminate the contracts due to financial difficulty.

I was told that I could terminate 1 contract and apply the funds to save the other contract. I asked if I could terminate the contract that is paid in full for a full refund. I was told that the cemetery policy do not allow refunds. I asked to speak to the supervisor and was given the run around.... View More

Steve McCann
Steve McCann
answered on Jun 18, 2018

Based on the facts provided, it seems that the seller is giving you the runaround, you have hit an impasse, and it is in your best interest to retain an attorney to assist you with next steps. You may be entitled to remedy, but an attorney will need to review the contracts, as well as all... View More

1 Answer | Asked in Contracts for Illinois on
Q: Is it illegal to withdraw from a contract 3 weeks prior to closing upon discovering a very costly repair is needed for

For Re-pointing brick and mortar and caulking windows and doors. Both issues were referenced in the house inspection and I took it upon myself to get a professional estimate for the cost of repairs.

Steve McCann
Steve McCann
answered on May 6, 2018

It depends on the terms of the contract. That said, I recommend you ask the attorney that is representing you in the closing to review the contract, and answer your questions. If you do have an attorney representing you in the closing, you absolutely should. Many of us will represent sellers for... View More

1 Answer | Asked in Contracts for Illinois on
Q: Settle violation of fiduciary responsibility.

I made a wager with an individual on a future event that has not yet occurred. We agreed to allow a third party (who agreed also agreed to the duty) to hold the wager amount until it is settled. The problem is the third party who was acting as a fiduciary at some point gave my check to the other... View More

Steve McCann
Steve McCann
answered on May 8, 2018

I understand the principle aspect of this situation, as you trusted these individuals with your money. That said, your options and remedies moving forward are dependent on very specific facts that are not provided here, such as your agreements you had with the relevant parties, and the... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Illinois on
Q: I own a business and I’m behind a couple months on rent. My landlord is giving me 2 options: don’t pay him anything and

Leave, or pay him what I’m behind and he will move me to a different store. He’s not giving me the option to pay and stay.. ( my neighbor wants to expand) can he break my lease if I pay him? Or will he owe me for breaking the lease?

Steve McCann
Steve McCann
answered on Mar 30, 2018

The answers to your questions depend on very specific facts that are not provided here, such as the precise terms of your lease, and the remedies for defaulting on the lease. That being the case, I highly recommend organizing your lease and anything else that is relevant to this matter, and... View More

1 Answer | Asked in Consumer Law and Contracts for Illinois on
Q: Banquet hall messed up on the menu - half the items were wrong. Can I ask for 50% discount?

Held a 25th anniversary party at a local restaurant/banquet hall for about 150 people. The provider messed up on the agreed upon menu and over the half the menu items were wrong. He agrees that there was a goof up that has never happened before but also agreed that this is the 2nd time with me that... View More

Steve McCann
Steve McCann
answered on Mar 20, 2018

You can certainly ask for a discount, but whether or not they will award a discount is a different story. Depending on the amount of damages you are alleging, it may be worth consulting with an attorney individually in order to obtain a professional's opinion that is tailored to the specific... View More

1 Answer | Asked in Business Law, Communications Law, Contracts and Internet Law for Illinois on
Q: Events management company wanting to use attendees headshots in marketing on social media (i.e. twitter, LinkedIn, etc).

what are the legalities behind this? do we need to ask permission first?

Carrie A. Ward
Carrie A. Ward
answered on Mar 15, 2018

You need affirmative consent to use their images for promotional purposes. Did you hav them sign a release? Were they provided affirmative notice that their pictures were taken and may be used for promotional purposes? An experienced attorney in the promotional space can help you develop the... View More

1 Answer | Asked in Contracts and Real Estate Law for Illinois on
Q: after the real estate contract is signed by both parties the seller and the buyer, the modification letter is sent to

the seller's attorney, the next day the seller's attorney emails a letter of termination based on that both parties cannot get into an agreement, the same day, another letter is sent to the seller's attorney stating that the buyer does agree with all the terms, and the loan is almost... View More

Steve McCann
Steve McCann
answered on Mar 11, 2018

The answers to your questions are very fact specific. Therefore, I recommend consulting the attorney representing you in this transaction. If you do not have an attorney representing you, you absolutely should retain one immediately. Many firms will represent you throughout the entire... View More

1 Answer | Asked in Contracts, Employment Law, Business Law and Business Formation for Illinois on
Q: I have a non-solicitation agreement as a contractor in Illinois. I would like to start an LLC under my wife's name.

Would I be in violation of that non-solicitation agreement if she is the owner of the business that will directly compete with my current employer? I will definitely be working for this new company. The non-solicitation agreement expires after 2 years. Thank you!

Steve McCann
Steve McCann
answered on Feb 13, 2018

Yes, it is highly likely. However, a definitive answer is dependent on the precise language of the non-solicitation agreement with your previous employer. That being the case, I recommend organizing the non-solicitation agreement and any other information you believe is relevant to this... View More

1 Answer | Asked in Business Law, Civil Litigation and Contracts for Illinois on
Q: Commercial equipment repossession

I had a commercial equipment lease for about $14k in equipment through my corporation but I signed off as a personal guarantee. My company closed and now they they are saying they are going to repo my equipment but i no longer have it. What’s the worst thing they can do?

Steve McCann
Steve McCann
answered on Feb 12, 2018

It depends on the precise terms of the lease. That being the case, I highly recommend organizing the lease, as well as any other documents you have in your possession regarding this matter, and consult with an attorney individually, as you do not want a personal judgment against you for the full... View More

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Illinois on
Q: Terminating Lease?

My roommates and I signed a lease for next year. But one of my roommates has a family issue and needs to return to Korea and is leaving in two days. Without a third roommate, my friend and I cannot afford the rent. We are searching for a third roommate to sublease to, but we are not sure if we will... View More

James G. Ahlberg
James G. Ahlberg
answered on Jan 28, 2018

Your best bet is to meet face-to-face with the landlord and explain. He or she may be willing to do something (switch you to a smaller unit, for example) or have suggestions re finding a new co-tenant. Unfortunately, "acts of God or other casualty" doesn't cover this. If you're... View More

1 Answer | Asked in Contracts, Divorce, Family Law and Appeals / Appellate Law for Illinois on
Q: If a divorce agreement is Volunteer dismiss can I still sue for breech of contract in Illinois?
James G. Ahlberg
James G. Ahlberg
answered on Jan 26, 2018

The voluntary dismissal of a dissolution of marriage case seems unlikely to have anything to do with a breach of contract case. If your question is whether to consider the marriage a contract upon which you can sue for damages if the divorce is voluntarily dismissed, the answer is no, you... View More

1 Answer | Asked in Contracts, Family Law and Personal Injury for Illinois on
Q: A minor in illinois signing a non disclosure form.

A high school is accusing a 17 year old of harrasing a girl and told him to sign a non disclosure form or else they would expell him

James G. Ahlberg
James G. Ahlberg
answered on Jan 24, 2018

There is not enough information given to respond in a helpful way. What is the nature of the harassment? What is the 17 year old being told not to disclose? Are his parents or guardians aware of this or involved in the process? Has he been given an opportunity to show the document to a lawyer? Is... View More

1 Answer | Asked in Civil Litigation, Divorce, Contracts and Appeals / Appellate Law for Illinois on
Q: What can opposing party do to fight back a Volunteer dismissal of a divorce agreement?

Was given to Attorney and discuss in chamber with all Attorney and Judge. Affidavit and discovery was discussed. Was asking for support got temporary support. Judge still didn't rule. Now they w

J. Richard Kulerski
J. Richard Kulerski
answered on Jan 22, 2018

The only thing you could have done to prevent your spouse from voluntarily dismissing your case was to file a counter-petition for dissolution before he/she filed the motion to dismiss. If it is dismissed, you can file a new case. I don't know what county you are in, but in Cook and DuPage... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.