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Illinois Contracts Questions & Answers
1 Answer | Asked in Small Claims and Contracts for Illinois on
Q: Can someone take you to court for selling them a phone that stopped working after it was in their possession?

I sold someone a phone. He checked it to make sure it was working and it was so he gave me the money and took the phone. After it was in his possession he messaged me saying it wasn't working and he wants his money back and that he went to the police and they said that I can give him his money... View More

Ray Choudhry
Ray Choudhry
answered on Apr 26, 2017

The question is whether it was defective when you sold it.

If he sues you, the judge will have to sort it out.

1 Answer | Asked in Contracts and Employment Law for Illinois on
Q: I have a contract with a company that no longer has work for me. Do they still have to fulfill the terms?

The contract refers to me as a "Contract Freelancer." It specifies start and end dates. It states I am "guaranteed" an annualized base gross salary of X as well as additional benefits offered to regular employees (health, PTO, 401k, etc.).

The company informed me the... View More

Charles Joseph Stiegler
Charles Joseph Stiegler
answered on Apr 26, 2017

It is impossible to give an opinion on the enforceability of a contract without having read it. I believe it would be worth your time and money to contact a local attorney for assistance.

1 Answer | Asked in Contracts and Consumer Law for Illinois on
Q: Can I cancel a home improvement contract for a roofing job in Illinois after the 3-day cooling period?
Glenn B. Manishin
Glenn B. Manishin
answered on Apr 20, 2017

Not unless the Illinois statute permits cancellation after expiration of that 3-day period, which is unlikely. You are always entitled to break a contract, but on pain of paying damages caused to the other party — which in this case would be required to "cover" by talking on other... View More

1 Answer | Asked in Contracts and Business Law for Illinois on
Q: Have a Q regarding signing ownership of a restaurant for someone?

My parents want to buy a restaurant but they cant in their name because they are immigrants , so they want me to sign the contract in my name so then i am going to be the owner but just that . What benefits will i loose if i sign that contract to have ownership of a restaurant that my parents going... View More

Steve McCann
Steve McCann
answered on Apr 11, 2017

There can be numerous implications when personally signing for a restaurant. Are you going to sign on the lease, the loan, or both? In any event, due to the high amount at stake in this situation, I would advise you consult with an attorney individually prior to signing any documents. A... View More

1 Answer | Asked in Family Law, Collections and Contracts for Illinois on
Q: Several years ago, my mom loaned $5K when alive. 2 years later,she passed away,my brother is trying to collect,can he?

Loan was a long time ago and since paid back-I have no records its that old. My brother feels he has the right to force me to prove this was paid back by me. (It was) My mother was alive when the loan was made to me verbally - she died 2 years ago. What grounds does he have here to pursue this?... View More

Cheryl Powell
Cheryl Powell
answered on Mar 25, 2017

If there is a written contract and he is the executor of her estate and her estate has not been probated, it is a problem. Otherwise no.

1 Answer | Asked in Civil Litigation, Contracts and Business Law for Illinois on
Q: Can you be sued for sharing your experience with a business?

I did business with a facility that I've since learned was not honest with me. They have a non disparaging clause that states you cannot say anyhing negative about them that may hurt their reputation or business in their paperwork all customers sign. I'd like to share my story and/or... View More

Robert D. Kreisman
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Robert D. Kreisman
answered on Mar 25, 2017

The only way to know or to render a legal opinion would be if you had an experienced contract lawyer review whatever employment contract or other agreement you are referring to that you believe legally prevents you and its binding on you from commenting about this business.

1 Answer | Asked in Business Law, Civil Litigation, Contracts and Consumer Law for Illinois on
Q: If I cancel after minimum notice period in contract, am I liable to pay vendor for services not performed?

The contract is governed by Illinois State Law.

Robert D. Kreisman
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Robert D. Kreisman
answered on Mar 23, 2017

Whether you would be required to pay for services not received is dependent on the terms of the contract. There is a principle of law called unjust enrichment where a party receives a windfall or is unjustly enriched. However, if the contract is specific and enforceable, you could be held liable.... View More

1 Answer | Asked in Contracts, Estate Planning and Real Estate Law for Illinois on
Q: Can I legally separate a parcel with a joint agreement signed and notirized. Will it hold up in court at a later date?
Vincent Anthony Incopero
Vincent Anthony Incopero
answered on Mar 17, 2017

Without more information, your question cannot be answered.

Specifically, is this a large, unsubdivided parcel of land, or is it adjacent lots that make up a larger parcel? If it is a large unsubdivided parcel you would need to obtain a new plat of subdivision describing the area to be...
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1 Answer | Asked in Business Formation, Business Law, Contracts and Products Liability for Illinois on
Q: i need contract so i can be safe to get product as agreed after i pay freelancer in Venezuela,(im not from Venezuela)

what best method to be protected? and from which country to get lawyer?

Steve McCann
Steve McCann
answered on Mar 7, 2017

If you are conducting business in the US, I highly suggest you obtain a lawyer from the US. Many of us offer free consultations, so it will not cost you anything to obtain a professional's opinion that is tailored to the specific facts of your case.

2 Answers | Asked in Contracts, Real Estate Law and Estate Planning for Illinois on
Q: What are the legal implications if an executor of an estate wants to purchase the residential property of said estate?

The surviving siblings include one who is the executor. The offer to purchase the family home is being made with the condition that a real estate agent will not handle the transaction as a listing/sale, so as to increase the value of the estate to the heirs. How do the remaining siblings handle... View More

Vincent Anthony Incopero
Vincent Anthony Incopero
answered on Feb 21, 2017

The absence of a realtor is a plus and results in about a 5 to 6% savings for the estate.

If all of the heirs agree to the terms, including the purchaser/executor, each heir will have to sign the purchase contract agreeing to sell the property to the executor and will need to sign the deed...
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2 Answers | Asked in Contracts for Illinois on
Q: When you buy something from someone and they lie to you and give you something else what can i do

I bought a mac mini and the person told me it was a 2010 but when i got home and turn it on it said 2005 can i get my money back legally if i have proof i purchase it from him? And that it was supposed to be 2010 not 2005?

Brian Lehman
Brian Lehman
answered on Feb 12, 2017

Yes, you would argue fraud or misrepresentation occurred so the contract should not be enforced by a court (the contract to buy the computer). Misrepresentations occur when a party says something false such as it is a 2010 mini mac or, to use a classic example, telling a potential buyer that a... View More

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1 Answer | Asked in Contracts for Illinois on
Q: Question regarding contract, take over vehicle payment

Hi. A women took over payments on my vehicle. She neglected to make the last payment. She stated to me that she lost her debit card, then she told me she would pay it when she got paid. Now, 3 weeks later, she states that I overcharged her by 3,000. The contract states that she must make 48... View More

Mazyar M. Hedayat
Mazyar M. Hedayat
answered on Feb 6, 2017

While you do a good job of describing your situation, the premise of your story - that someone "took over payments" as to your vehicle - has no legal basis. In short, you are responsible to make payments on account of all assets secured by debt. Regardless of what arrangements you make... View More

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Illinois on
Q: I'd like to file a complaint against an emotionally abusive landlord. Who/What organization do I send the letter to?

My landlord is known for inhumanely treating her tenants. She cuts off utilities, such as hot water. She storms into my apartment and even broke my antique and refuses to take responsibility. Lastly, she increased the monthly rent without a 30-day notice in a mid-contract. I do NOT feel comfortable... View More

Vincent Anthony Incopero
Vincent Anthony Incopero
answered on Feb 2, 2017

Without knowing the location of the property, I can only provide general information.

As far as the emotional abuse, unfortunately, unless the tenants are elderly, I am unaware of any body that you can complain to. You might begin your search for more information by reaching out to the...
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2 Answers | Asked in Consumer Law, Contracts, Products Liability and Arbitration / Mediation Law for Illinois on
Q: If a company does not deny their wrongdoing during settlement negotiations, is that admission of guilt?

2014 (1)The company forced me into an upgrade two-year contract under duress because it changed its network service; (2)Sprint sold me a defective phone without proper warning of its defects and refused to fix, return, or exchange the device, even though the company knew of its defects at the time;... View More

Steve McCann
Steve McCann
answered on Jan 12, 2017

There are many issues present in the facts provided, and you should absolutely consult with an attorney individually so you can obtain a comprehensive assessment of your case. It is apparent that the company is not taking you seriously, and likely will not until you obtain legal representation.... View More

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2 Answers | Asked in Contracts, Employment Law, Personal Injury and Civil Rights for Illinois on
Q: I About 45 Claims that were accepted by the EEOC and have a Hearing In U.S District Court I need a Lawyer.

I am federal employee tha has a upcoming hearing with very solid evidence and will by suing for $3000,000, I will be settling, I work for the Edward Hines Jr. VA Hospital and my boss is the person that created the Secret Wait List and did not give Veterans a Military Burial, where the bodies of our... View More

Steve McCann
Steve McCann
answered on Jan 11, 2017

You are making the right decision to seek counsel in this situation, as opposition will not take you seriously until you are represented by experienced counsel. Have you had any form of settlement discussion with opposition, and what is the status of the EEOC claim? I would recommend organizing... View More

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1 Answer | Asked in Employment Law and Contracts for Illinois on
Q: Can I be fired as an independent contractor for requesting to seek legal counsel before signing an amended contract?

In Nov of 2009 I began working at a small dance studio as a dance instructor. I was asked to sign an open ended contract when I began the job. The contract stated that I would be considered an independent contractor & had to refrain from actively soliciting within the "Chicago Southland... View More

Steve McCann
Steve McCann
answered on Jan 11, 2017

Yes, you can be fired for seeking counsel. The reason being is that Illinois is an employment at will state, meaning an Illinois employer can terminate you for nearly any reason, or no reason at all, so long as the reason is not an illegal one (i.e. discrimination based on gender, age, race... View More

1 Answer | Asked in Contracts for Illinois on
Q: Is there any way to get out of an auto renewal contract

if I've passed the number of days I had to cancel before it renewed?

Steve McCann
Steve McCann
answered on Oct 27, 2016

There may be a number of ways to get out of an auto renewal contract, but the best course of action is dependent on specific facts that are not provided here, such as the precise terms of the contract. I would recommend organizing the contract and all other facts relevant to this situation, and... View More

1 Answer | Asked in Agricultural Law, Contracts and Real Estate Law for Illinois on
Q: We have people who farm our land, no contract just a verbal agreement. Can they come and destroy a wooded area we have?

They did not contact us beforehand. They said it was so they did not damage there equipment.

Steve McCann
Steve McCann
answered on Oct 14, 2016

Generally, the answer is no, they cannot destroy a wooded area that is on your property. However, in order to know for certain, one must review specific facts surrounding the situation. I would recommend taking pictures, and organizing all information relevant to this situation, and consulting... View More

1 Answer | Asked in Civil Litigation, Contracts, Family Law and Civil Rights for Illinois on
Q: I had a 1977 camaro that was sold without my knowledge because of family disagreement..

I had a 1977 camaro it was originally titles in my name i invested money into the car along with the help of my daughter grandpa we had a agreement that once I paid off car he would give the title back well i moved out and the title was changed into his name is moved back in 2 years later they gave... View More

Angela Peters
Angela Peters
answered on Oct 10, 2016

There are a lot of facts here. I would suggest that you talk with an attorney to determine if you were ever on title or if you had a contract. it sounds to me that you were not on title and there was no written contract. There may have been an oral contract. It would be a good idea to talk with... View More

2 Answers | Asked in Civil Litigation, Contracts, Health Care Law and Wrongful Death for Illinois on
Q: My mom passed away in a hospital and the day before, the hospital claimed she signed a DNR paper but I was her POA.

Wasn't I suppose to be informed? Can I sue for neglence if they felt like they did all they could do for my mother? I ordered a complete record of her file and the DNR paper is not there or my power of attorney papers not there neither. Do I have a case?

Peter N. Munsing
Peter N. Munsing
answered on Sep 28, 2016

Unless they did something wrong, not necessarily. Many people give a power of attorney to others "just in case." that doesn't mean that whoever deals with them has to ask the person holding the POA if the person who gave it is right in front of them and looks to be in an... View More

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