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Illinois Contracts Questions & Answers
1 Answer | Asked in Business Law, Contracts and Real Estate Law for Illinois on
Q: How much would it cost for someone to review a lease agreement for me and help me understand my rights and conditions?

This is a lease agreement with a Landlord for a Small Business. It would be great if someone can do this for free. I am having a hard time understanding a few items in the contract.

T. J. Jesky
T. J. Jesky answered on Nov 20, 2020

This is a good question, but the answer depends on a number of factors. For example, is this a residential or commercial lease? What is the length of the lease? How long is the lease period and what is the rent? A commercial lease is much more complex than a residential lease.

I...
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1 Answer | Asked in Consumer Law, Contracts and Tax Law for Illinois on
Q: How should I process. Pertaining to this case. About suing H&R Block.
T. J. Jesky
T. J. Jesky answered on Nov 16, 2020

It would depend on the cause and amount of the suit. If you plan to sue them for under $10,000 you should consider suing them yourself in small claims court. There is a good possibility that once you file the suit in small claims and serve them with notice of the suit, they may work with you to... Read more »

1 Answer | Asked in Banking, Contracts, Small Claims and Probate for Illinois on
Q: How to get letter of administration for wife whose husband died for the mortgage bank, for specific info, letter needed

The lake county clerk’s office said they are not giving those out letters out which is impossible

T. J. Jesky
T. J. Jesky answered on Nov 16, 2020

A petition, affidavit, consent of the remaining heirs and other papers need to be filed with the Probate Division of the Circuit Court. Once the Probate Judge reviews all of the papers and they are in good order, he/she will make the appointment of independent administer.

1 Answer | Asked in Contracts for Illinois on
Q: A contractor fixed my roof without my permission. Do I owe for the work that was done having not authorized him to do it

There was NO signed contract by me for him to do the work. He entered my property while I was at work and did the work without me asking. Is this not trespassing, and do I owe for the work that was done having NOT signed a contract?

T. J. Jesky
T. J. Jesky answered on Nov 16, 2020

Based on what your reported, you are under no obligation to pay this contractor. There was no written nor

verbal agreement. Yes, he was trespassing on your property. This reminds me of the people on street corners who rush to wash your car windows when you are waiting for the stop light...
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2 Answers | Asked in Business Formation, Business Law and Contracts for Illinois on
Q: I am starting a in home music lesson business and I wonder if I can hire all the teachers as independent contractors

It will be teachers from major cities in different state. I wonder if they can be independent contractors instead of employees

I set up a website with paid ads that matches teachers who are looking for students with families looking for teachers to teach their kids at home. The teachers are... Read more »

T. J. Jesky
T. J. Jesky answered on Nov 16, 2020

The question of whether someone is an employee or independent contractor comes down to "control."

Additionally, the Internal Revenue Service uses a right-to-control test to assess a business' tax liability.

For example, if these musicians had specific hours of work,...
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1 Answer | Asked in Contracts, Criminal Law, Divorce and Family Law for Illinois on
Q: Property taken without consent

The night my wife called cops on me - Cops made her leave as she was trying to hurt herself and blame me ... she took my brother's car saying that she will be back next day to pickup her stuff - now lawyers are involved and I have permission to see my 6-month old baby - Lawyer is saying since... Read more »

Juan Ooink
Juan Ooink answered on Oct 1, 2020

You have an attorney, you need to discuss this with your attorney. This is why you hired an attorney. No one here has the information that your attorney has.

2 Answers | Asked in Contracts for Illinois on
Q: What type of lawyer would be needed to create a simple buyout agreement for a small business between 2 owners?
Robert Shipley
Robert Shipley answered on Sep 30, 2020

You should consult with an attorney whose practice is concentrated in business law and has experience in drafting, reviewing and negotiating the type of agreement you have described.

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1 Answer | Asked in Contracts for Illinois on
Q: Lender stopped cashing my payments & no contact from them for 6 years. Is the contract still valid? Do I still owe?
Robert Shipley
Robert Shipley answered on Sep 23, 2020

I am presuming that the loan was documented by a written agreement. The terms of that agreement control. I do not know how long you have been sending payments which have not been cashed, but I would recommend that you review the agreement and if you do not have a copy, then contact the lender.... Read more »

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 cyberdriveillinois.com 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
Q: WHAT LAW CAN BE DONE LEGALLY WHEN SOMEONE DOSE NOT DO WHAT THEY PROMISED IN FINANCIAL AGREEMENT

MY CAR IS BEING WORKED ON GETTING A NEW ENGINE IT WAS IN A FLOOD THE SHOP SAID IT WOULD RUN WHEN THEY FINISHED INSTALLING THE ENGINE NOW THEY SAID I NEED NEW WIRING AT AN ADDITIONAL COST WHEN WE HAD ALREADY AGREED ON A PRICE AND I PUT A DOWN PAYMENT ON THE WORK .

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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