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Illinois Contracts Questions & Answers
2 Answers | Asked in Bankruptcy, Contracts, Real Estate Law and Civil Litigation for Illinois on
Q: Will a memorandum of judgement against me for a credit card debt affect my wife's house?

The mortgage is in my wife's name, but I am listed as a "tenant by entirety."

Anthony M. Avery
Anthony M. Avery answered on Sep 10, 2020

Absolutely... The Judgment Lien encumbers any and all interests you have in real property in the County in which the Judgment is recorded in. And you own the same estate your Wife does. Contact a competent Illinois attorney to get the specifics about how long the Lien attaches, and whether... Read more »

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1 Answer | Asked in Contracts for Illinois on
Q: on business contract what is definition you have up to ( 3 days to cancel?) time

does this mean 3 days or 3 work days and til midnight or jus a 8 hour work day

George W. Svoboda
George W. Svoboda answered on Aug 25, 2020

It is three full business days on certain consumer sales in Illinois. It does not apply to commercial contracts between two businesses. It does not apply to every transaction. Generally it applies to door-to-door sales, buyers clubs and a few other things. You may also have a three day cancellation... Read more »

1 Answer | Asked in Contracts for Illinois on
Q: Possible Impaired Attorney Late on Filing Motion

There is a Motion due tomorrow for which the attorney has already had one extension. I don't think he can get another. The work product was supposed to be sent to me last week but I have only received a lot of excuses. He promised today and now has missed that promise. If he, in fact, does... Read more »

Robert Shipley
Robert Shipley answered on Aug 11, 2020

As the client, you have the absolute right to discharge your current attorney and retain new counsel. Based on the concerns you describe, it would be best for you to immediately start searching for a new attorney while advising your current attorney you no longer want them to represent your... Read more »

2 Answers | Asked in Contracts, Real Estate Law and Landlord - Tenant for Illinois on
Q: Commercial lease that ends January 2023. Jan 2021 the personal guarantees go away. What happens if we close Feb 2021?

Because of the virus,we want to close our business after the personal guarantees go away. They go away in jan 2021...but our lease doesnt end until Jan 2023....can the land lord take us to court and demand we pay for the remainder of the lease? How lenient are the courts in these kinds of... Read more »

Robert Shipley
Robert Shipley answered on Jul 28, 2020

The lease will have to be reviewed to determine what liability there may be beyond the personal guaranty as well as the potential for an early termination. There are many options to discuss with the landlord including temporary rent abatement or modification, early buyout, allowing the landlord to... Read more »

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1 Answer | Asked in Consumer Law, Contracts and Products Liability for Illinois on
Q: I was quoted a price from a dealer with a buyers order faxed and dealer claiming they quoted wrong price. Have to honor?

I was quoted a price on a used vehicle from a dealership in Centralia, MO. The dealer quoted the vehicle at $21,905. I agreed to purchase the vehicle and the dealer sent over buyers order to my bank to secure funds. After funds were secured and the morning I was supposed to pick up the vehicle,... Read more »

Robert Shipley
Robert Shipley answered on Jul 28, 2020

Based upon your description the sales/transaction documents will need to be reviewed. Since the dealership is in Missouri, you should contact an attorney licensed in Missouri whose practice is concentrated in consumer law.

1 Answer | Asked in Real Estate Law, Small Claims, Contracts and Landlord - Tenant for Illinois on
Q: If a lessee hosts a roommate (no lease, roommate agreement only), who has standing to sue the roommate for unpaid rent?

If a tenant who has a lease with the property owner is given full control to choose roommates and determine all terms of the roommate agreements, who can sue the roommate for unpaid rent?

The lease-holding tenant has the right to sue based on terms of the roommate agreement, I would... Read more »

James Kottaras
James Kottaras answered on Jul 23, 2020

Depending on the terms of your "roommate agreement," which I assume would be similar to a sublease form, you should be able to sue the roommate for unpaid rent owed to you.

The landlord/owner may not be able to sue the roommate for his portion of the unpaid rent, but if you have...
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1 Answer | Asked in Contracts for Illinois on
Q: If someone from Canada sues someone from the US, is that case tried in the US or Canada?

I'm in the US and want to know if I'd have to pay the legal fees and expense tally of someone in Canada suing me.

Tim Akpinar
Tim Akpinar answered on Jul 17, 2020

An Illinois attorney could advise best, but your post remains open for three weeks. Check the terms of the contract. If it has a forum selection clause, there's a possibility it could designate the courts or arbitration forums of a particular state, province, or city. Good luck

Tim Akpinar

1 Answer | Asked in Consumer Law and Contracts for Illinois on
Q: What happens to my service warranty if the automotive repair company is out of business?

I had an engine rebuilt 5 months ago and the engine just went bad. The repair had a 1 year/10,000 mile warranty. I contacted the company, but was told they are permanently closed. Do I have any options? The company is an LLC, and is located in Illinois.

George W. Svoboda
George W. Svoboda answered on Jun 29, 2020

You may still have a claim against the company. You will need to find out if they filed their dissolution paperwork with the IL Secretary of State. You can search the website for their status. You can also check to see if there is a bankruptcy filing. If there is, you can be... Read more »

1 Answer | Asked in Civil Litigation, Contracts, Foreclosure and Real Estate Law for Illinois on
Q: Do I have a claim to a joint interest in the home that my father and I share?

In 2013, my mother passed away leaving me as the sole heir to her estate in her will. My father has encountered mortgage trouble, and I have occupied the home alone for one year now. The current mortgage was taken out in 2005 in both of their names, and statements come addressed to her estate.... Read more »

Robert Shipley
Robert Shipley answered on Jun 11, 2020

Based upon your question, although your mother left you her entire estate, it does not appear that estate included an interest in the home. From your description your father is in sole title to the home and therefore the sole owner. If there are issues regarding the mortgage, those must be... Read more »

1 Answer | Asked in Bankruptcy, Consumer Law and Contracts for Illinois on
Q: im being sued for a car that i haven't paid on because i was intoxicated and couldnt afford it in the first place

in an attempt to get away from the drugs and get a job that would allow me to keep the car i moved to a different state and while in the other state the cars ecu blew up while i was driving and i didnt have insurance on the car yet then the bank had it repoed and told me it was a blown up motor... Read more »

Timothy Denison
Timothy Denison answered on Jun 10, 2020

You can negotiate with the creditor to resolve it. Offering a lump sum payment as resolution might go a long way to settling it. If not, your only other option is bankruptcy.

1 Answer | Asked in Contracts for Illinois on


Robert Shipley
Robert Shipley answered on May 29, 2020

Based upon your description, I am not clear if you had an estimate for the proposed work which you approved or if there was a formal written agreement was signed which described the scope of work for the agreed price. Most repair shops provide estimates for the proposed work, asking the customer... Read more »

1 Answer | Asked in Consumer Law and Contracts for Illinois on
Q: Is it legal for my HOA to require me to provide them with mortgage information in the state of IL?

I live in Illinois and own a condo. I have a mortgage on the condo. The HOA is requiring I provide them with mortgage provider, loan number and mortgage provider phone number. Is this legal? I understand proof of insurance, but mortgage information seem like an invasion of privacy.

Robert Shipley
Robert Shipley answered on May 2, 2020

765 ILCS 605/22.1(c) of the Illinois Condominium Property Act requires:

c) Within 15 days of the recording of a mortgage or trust deed against a unit ownership given by the owner of that unit to secure a debt, the owner shall inform the Board of Managers of the unit owner's association...
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1 Answer | Asked in Contracts and Real Estate Law for Illinois on
Q: Good day, I was wondering if there was a way i could get an extension on my lease and not have to move out during thi

lock down period since i have an underlying conditions

Robert Shipley
Robert Shipley answered on Apr 23, 2020

You do not describe if commercial or residential, but I am assuming residential based on your description. I would recommend that you review the lease and examine if there are any clauses or provisions regarding an extension of the term of the lease. Even if there are no specific provisions... Read more »

1 Answer | Asked in Contracts for Illinois on
Q: Requesting copies of original finacial applications?

Can I request a copy of a finance application submitted by a dealership if I believe fraud has been committed. Can this be obtained from the company i.e. Credit Acceptance?

Robert Shipley
Robert Shipley answered on Apr 23, 2020

Based upon the question I assume you are referring to an application you submitted. I would first recommend you review the documents you were provided by the dealership which should have information regarding how to contact Credit Acceptance. You have the right to review the information submitted... Read more »

1 Answer | Asked in Contracts for Illinois on
Q: Wedding is July 31st in Toronto but due to COVID-19 we are considering canceling the reception but hall is threatening

Our guests have come back to us and said they do not want to travel and we don't feel comfortable putting others in harm. We have 200 guests that were ready to come from Chicago with us but circumstances have changed since the COVID-19 pandemic. I talked to the banquet hall about cancelling... Read more »

Robert Shipley
Robert Shipley answered on Apr 16, 2020

The Answer to your question is dependent upon a review of the contract, focusing on the cancellation provisions relating to Acts of God, diseases, epidemics or pandemic (although not likely to be described), emergencies, unforseen circumstances. The language of each contract is different, some... Read more »

2 Answers | Asked in Contracts for Illinois on
Q: My fiancé and I are getting married on 10.23.2020 and are considering canceling due to covid-19. In our venues contract

Nothing is stated about a pandemic or rescheduling. We have reached out to the venue and they are pushing to postpone our wedding, we don’t think that’s fair to push it back or have it on a Sunday for the amount we are paying for. What are our rights?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 13, 2020

You may not want to hear this advice but I believe that the venue you selected is being very understanding and very reasonable here.

That does not mean you cannot cancel your October 23, 2020 wedding; but if you do cancel now--six months early--you should not expect the venue to give the...
Read more »

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1 Answer | Asked in Contracts and Products Liability for Illinois on
Q: Can I subpoena a former storage facility that sold my things if I have legal or personal documents that were sold.

I was negligent with the payments towards the storage facility and they told me they couldn't give me access to whom they sold my belongings to.

Tim Akpinar
Tim Akpinar answered on Apr 11, 2020

You could check with an Illinois attorney as to what the best way to proceed might be. Based on Illinois law, or the provisions of the storage contract, the facility could have legitimate reasons for not divulging the identity of the person. It's possible they have genuine concerns about being... Read more »

1 Answer | Asked in Contracts for Illinois on
Q: How can I protect myself as a contractor?
Bryan R. Bagdady
Bryan R. Bagdady answered on Mar 30, 2020

Take a look at my article on ten essential business contracts. This is a good starting point. Best of luck. - Bryan.

1 Answer | Asked in Contracts and Elder Law for Illinois on
Q: I am a senior have bought used cars from private never a problem. Less than 3 months ago $1800 for a car in East Peoria
Evan S. Sloan
Evan S. Sloan answered on Feb 5, 2020

It's difficult to understand what exactly happened from your post. Please post again with additional facts.

1 Answer | Asked in Contracts, Divorce and Real Estate Law for Illinois on
Q: Illinois, I contract for deed my home 82214 NotMarried boyfriend moved in 1 year later we married I was ONLY one worked

His name is on nothing he work for cash only I have W-2s he left me got incarcerated for a year and he still is not living in the home he has many vehicles on property and I don't see him and vehicles are open titles can I get rid of them? &

my home is paid off and we're... Read more »

Marilyn  Johnson
Marilyn Johnson answered on Jan 12, 2020

The only grounds that you can use for a divorce in Illinois are irreconcilable differences. You should not dispose of any property. Wait until you have a court order regarding the property. If the house is titled in only your name and you acquired it prior to your marriage, it should be considered... Read more »

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