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Illinois Contracts Questions & Answers
1 Answer | Asked in Child Support, Contracts and Family Law for Illinois on
Q: Can my maintenance be decreased after a salary reduction due to a promotion?

I am currently obligated to pay $1,800 a month in maintenance and $600 in child support for our one child, who lives with my ex-wife the majority of the time. I recently accepted a promotion at work, which resulted in a $24,000 decrease in my annual income due to the elimination of overtime pay. I... View More

Cheryl Powell
Cheryl Powell
answered on Feb 15, 2025

I don't believe so. You knew your promotion would result in a salary cut. Given that, you could have chosen to refuse that offer of employment. When the decrease in income is voluntary, one cannot decrease the maintenance they are paying. I suspect the court would keep you obligations the... View More

1 Answer | Asked in Contracts and Real Estate Law for Illinois on
Q: Are text threads enough to go to court?

I have text threads showing that $200,000 was agreed upon when I purchase the house I am currently renting. If they try saying they need more than $200K, are the texts enough to take to court?

Tim Akpinar
Tim Akpinar
answered on Nov 8, 2024

An Illinois attorney could advise best, but your question remains open for two weeks. Until you are able to consult with a local attorney, the short answer is that digital evidence such as texts, screenshots, emails and similar things are generally admissible today. Rules of evidence have expanded... View More

1 Answer | Asked in Contracts for Illinois on
Q: Breach of contract

Can I Sue for breach of contract because I was in the hospital 5 years later

Tim Akpinar
Tim Akpinar
answered on Sep 11, 2024

An Illinois attorney could advise best, but your question remains open for three weeks. The question isn't fully clear in the way it's written, but it looks like you may be asking if a hospital stay gives you more time to sue than allowed by your state's statute of limitations? Do... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Illinois on
Q: My landlord has not returned my security deposit for more than 45 days now and did not provide me with any estimates.

The landlord has not provided me with any receipts or estimates. Upon reminding her that its been 45 days she says i owe her money instead and refused to give back security deposit. What do i do?

James L. Arrasmith
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answered on Jun 21, 2024

Based on the information provided, it appears you're dealing with a potential violation of Illinois landlord-tenant law regarding security deposits. Here's what you should know and consider doing:

1. Illinois Law:

In Chicago, landlords are required to return security...
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1 Answer | Asked in Contracts, Foreclosure, Real Estate Law and Landlord - Tenant for Illinois on
Q: How to foreclose or evict someone that’s breached contract for deed terms

Failed to fix heat pump, roof is missing a shingle after storm, has tires stacked in yard, window unit has ruined wood siding, built a pallet fence connected to porch, removed spindles from railing to put a board as a ramp for animals without permission, and who knows what inside the house will not... View More

James L. Arrasmith
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answered on Apr 16, 2024

I apologize that you're dealing with a difficult situation with your contract for deed purchaser. However, I want to be very careful about providing advice, as the legal process for addressing breaches and pursuing eviction or foreclosure can be complex and varies by jurisdiction. The best... View More

2 Answers | Asked in Constitutional Law, Contracts and Entertainment / Sports for Illinois on
Q: I volunteerd w/ a nonprofit for adults w/ disabilities a place to make music. Shouldn't I get free CDs of music we made?

I wrote the music and helped them write words. They pressed up copies and won't well them to me at cost. I never gave permission to use any of the music I made and wrote. When I asked to buy copies st cost, they said no. That I would have to buy them. The concerts we all played made the money... View More

Giselle Ayala Mateus
Giselle Ayala Mateus
answered on Apr 7, 2024

In situations where multiple individuals collaborate on creating music, it's crucial to establish clear agreements regarding ownership, distribution, and compensation. If you've contributed to the creation of music and lyrics but haven't given permission for their use, you may have... View More

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2 Answers | Asked in Constitutional Law, Contracts and Entertainment / Sports for Illinois on
Q: I volunteerd w/ a nonprofit for adults w/ disabilities a place to make music. Shouldn't I get free CDs of music we made?

I wrote the music and helped them write words. They pressed up copies and won't well them to me at cost. I never gave permission to use any of the music I made and wrote. When I asked to buy copies st cost, they said no. That I would have to buy them. The concerts we all played made the money... View More

James L. Arrasmith
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answered on Apr 8, 2024

From what you've described, it does seem reasonable that you should be able to obtain copies of the CDs containing music you wrote and helped create, either for free or at cost. Here are a few key points to consider:

1. Copyright: If you wrote the music, you likely own the copyright to...
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1 Answer | Asked in Contracts, Estate Planning and Probate for Illinois on
Q: I have a loan, the loaner passed away. Beneficiary is handing his estate and now want the checks made out to them.

I have a loan contract that the loaner passed away a few months ago. The person handling the estate just informed me that they are having issues cashing my checks that are made out to the deceased name. Now they want me to write the checks in their name going forward. They did not open a bank... View More

Nina Whitehurst
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answered on Apr 3, 2024

It is very perilous for you to do what they are asking! What if they are lying about who the proper heir(s) is/are? You could give them a lot of money and then when the proper heirs come along you have to pay the real heirs all over again. Don't do it!

Keep making the checks payable...
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1 Answer | Asked in Consumer Law, Contracts, Intellectual Property and Trademark for Illinois on
Q: Can I create an educational songwriting class that's called something like: Taylor Swift-inspired Hit Songwriting Class?

I'd like to create a songwriting class that teaches hit songwriting techniques used by pro songwriters such as Taylor Swift. I'd like to call the class:

"Taylor Swift-influenced Hit Songwriting Class" (or)

"Taylor Swift-inspired Hit Songwriting Class"... View More

James L. Arrasmith
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answered on Mar 7, 2024

Using a celebrity's name in an educational course title can be tricky, as it may raise concerns about intellectual property rights and potential false endorsement. However, there are ways to reference Taylor Swift's name in your course title that are more likely to fall under fair use for... View More

1 Answer | Asked in Contracts for Illinois on
Q: Hello,Can a contractor charge 100% cancellation fee for a service?

I ordered 2 doors for 12K. I needed to cancel or prospered since my husband was in a car accident. The Vendor Cancellation Policy was 100%

They said they will charge me 12K either way, cancel or install. Is that legal?

James L. Arrasmith
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answered on Feb 23, 2024

Hello! The legality of a contractor charging a 100% cancellation fee depends on the terms of the contract you agreed to when you placed the order and the consumer protection laws in your jurisdiction. If the vendor's cancellation policy explicitly states a 100% fee and you agreed to these... View More

1 Answer | Asked in Contracts and Real Estate Law for Illinois on
Q: A contractor and I did a real estate investment for 15k and 30 k was given after the sale . No response back run off.

I run off with my money, n I have texts messages of the deal .

James L. Arrasmith
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answered on Jan 11, 2024

In your situation, where a contractor has taken your money without fulfilling their part of a real estate investment deal, you have several legal options to consider. The text messages you have can serve as evidence of the agreement and the contractor's obligations.

First, you may...
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3 Answers | Asked in Contracts, Business Law, Civil Litigation and Collections for Illinois on
Q: Good morning. What is the penalty for breach of contract?

Our group sold a home health agency to another group. Our contract stated the price and monthly payment schedules. The other group has paid us a downpayment but has since missed monthly payments for over a year now. The other group is insisting that we lower the price from what was agreed upon.... View More

Bryan R. Bagdady
Bryan R. Bagdady
answered on Jan 8, 2024

In Illinois there is no penalty for breaching a contract. In fact, Illinois law expressly allows a party to breach a contract. However, once a party breaches, it is obligated to make the other side whole. Meaning that the benefit of the contract must still be given to the non-breaching party.... View More

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1 Answer | Asked in Education Law, Employment Law and Contracts for Illinois on
Q: I work in Cook county as a secondary teacher for a private school and want to break my contract.

I have health issues and was not informed that I would be teaching in a building with poor HVAC. Most days of the week I experience headaches and spend most of my free time recuperating. My contract requires a 3 month notice. I am looking for a position outside of teaching with a better work... View More

Cynthia Pietrucha
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answered on Jan 3, 2024

I'm sorry to hear about your situation. If you have a diagnosis from a doctor indicating a disability that contributes to your headaches, it's advisable to explore reasonable accommodation options with your employer. Under the Americans with Disabilities Act (ADA), employers are required... View More

2 Answers | Asked in Contracts, Entertainment / Sports and Intellectual Property for Illinois on
Q: I am a start up indie music label. I am currently looking to draft contracts for my artists. Where do I start?

Just not sure where to start as far as contracts. Not really sure what information should be in a contract. This is why I'm seeking legal assistance.

James L. Arrasmith
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answered on Dec 30, 2023

Starting with artist contracts for your indie music label is a crucial step in establishing your business. The first thing to consider is what you want the contract to cover. Common elements include the scope of the rights granted to the label, the duration of the agreement, financial arrangements... View More

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1 Answer | Asked in Contracts for Illinois on
Q: What to do if a seller refuses to sign off on a $10,000 holdback that they breached?

We had a $10,000 holdback agreement if the seller was not moved out of the property by October 31at 11:59pm. The seller was still in the property with movers late in the afternoon on November 1. It’s clear that she breached the agreement but her reasoning for not signing off is it was not her... View More

James L. Arrasmith
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answered on Nov 20, 2023

In situations where a seller breaches a holdback agreement, it's important to first review the specific terms of your agreement. These terms typically dictate the conditions under which the holdback is to be released. If the agreement clearly states that the seller must vacate by a certain... View More

1 Answer | Asked in Business Law, Contracts, Civil Litigation, Consumer Law and Personal Injury for Illinois on
Q: How can I hold a contractor liable for poor work and possible fraud in Illinois?

I hired a contractor in December 2024 who provided a purported license and insurance, but I cannot verify him as a registered contractor. He did roofing and plumbing that was not up to code, and I've already filed against him with professional regulation. He claimed to repair severe termite... View More

James L. Arrasmith
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answered on Apr 14, 2025

It sounds like you’ve encountered a serious situation, and it’s understandable that you want to hold the contractor accountable. The first thing you should do is check if the contractor violated any local or state laws regarding licensing. Even if he is not a registered contractor, he could... View More

1 Answer | Asked in Real Estate Law and Contracts for Illinois on
Q: Can a loan forbearance affect removing co-borrower from mortgage?

I am on a mortgage loan with someone else, and they took out a forbearance on the mortgage to freeze payments for a few months without my knowledge. We both signed an agreement stating we are each 50% liable for the loan. I haven't yet talked to a lawyer or the mortgage company, but I want to... View More

James L. Arrasmith
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answered on Apr 12, 2025

The unilateral forbearance action taken without your knowledge may constitute a material breach of your co-borrower agreement, potentially creating grounds for legal remedy. Mortgage contracts typically require all borrowers' consent for modifications affecting repayment terms, making this... View More

1 Answer | Asked in Contracts, Estate Planning, Probate and Business Law for Illinois on
Q: Illinois law on limited partnership interest transfer vs. will

I am dealing with a situation involving a limited partnership contract that includes an article specifying how a partner's interest is transferred to heirs. However, there is a conflicting will that contradicts these terms. I need to understand which Illinois laws govern limited partnership... View More

James L. Arrasmith
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answered on Apr 12, 2025

Illinois Limited Partnership Interest Analysis

Under Illinois law, limited partnership interests are primarily governed by the Illinois Uniform Limited Partnership Act (805 ILCS 215/), which explicitly grants significant authority to the terms of the partnership agreement itself. When...
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1 Answer | Asked in Contracts and Employment Law for Illinois on
Q: Can I sue for lack of full-time shifts after being hired and ignored by employer in Illinois?

I was hired full-time by a job in IL, but I've only been scheduled for one 8-hour shift in two weeks, and currently have no upcoming shifts. Despite having an employment contract specifying full-time work, the employer hasn't responded to my calls or texts, and has not provided any... View More

James L. Arrasmith
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answered on Apr 12, 2025

Illinois Employment Contract Analysis

Your situation presents a potential breach of contract claim under Illinois law, as your employment agreement explicitly promised full-time work but you've received only minimal hours. Illinois courts recognize that employment contracts creating...
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1 Answer | Asked in Business Law and Contracts for Illinois on
Q: What are the requirements for attesting the destruction of confidential information in Illinois?

I need to understand the requirements for an attestation related to the destruction of confidential information as part of a business agreement. What legal standards or guidelines should be followed in this process?

James L. Arrasmith
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answered on Apr 11, 2025

In Illinois, when confidential information is destroyed as part of a business agreement, specific legal standards must be followed to ensure compliance. The Illinois Personal Information Protection Act (815 ILCS 530/40) mandates that materials containing personal information be disposed of in a... View More

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