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Illinois Contracts Questions & Answers
1 Answer | Asked in Contracts for Illinois on
Q: I have a contract, borrower passed away 4 months ago. The person handling the estate wants the checks made to them.

I have a loan contract that the borrowee passed away 3 months ago. The person handling the estate just informed me that they are having issues cashing checks. Now they want me to write the check to them. Up until today (the request) I have not seen any paperwork but was told there was an estate... View More

Bryan R. Bagdady
Bryan R. Bagdady
answered on Mar 22, 2024

If the borrower passed away, then the estate should be paying you. Why are you paying to the borrower or to the borrower's estate? Your question seems confused.

1 Answer | Asked in Contracts, Business Formation and Business Law for Illinois on
Q: We sold our small business with a promissory note to receive payment after one year. Now they won't pay

The pastor has experienced financial difficulty. They have not filed for bankruptcy, however they have received funding from an investment group. The promissory note reads,This Promissory Note shall become due and payable prior to maturity without presentation, demand, protest or notice of any... View More

Bryan R. Bagdady
Bryan R. Bagdady
answered on Jan 7, 2024

If a written promissory note, signed by the parties, is not paid when due, then the holder of the note may make demand or commence suit. In your case, if the borrower is not offering some other or new solution, it sounds like it is time to commence suit.

1 Answer | Asked in Consumer Law, Contracts, Criminal Law and Small Claims for Illinois on
Q: Can I be criminally charged in Illinois if an online Facebook buyer says I sold them a different product than advertised

I was selling a product on Facebook Marketplace. I agreed through Facebooks platform to meet this buyer at a local restaurant and sell them my product. The buyer and I meet on this restaurants property in the parking lot. I never get out of my vehicle. The buyer walks up to my car window and argues... View More

T. J. Jesky
T. J. Jesky
answered on Oct 15, 2023

Stop losing sleep over this incident. You were assaulted by the Buyer. I believe the District Attorney and police have more important matters to pursue. As far as selling the product, this appears to be a civil event not a criminal event. Again, stop losing sleep.

1 Answer | Asked in Contracts for Illinois on
Q: Can I as a contract driver sue a previous trucking company for distress?

A previous company that I drove with, after requesting that I drive a vehicle without ensuring safety sent another driver to pick up truck and I was forced to drive with this unknown man or clear out my truck in under an hour (cancelling my contract). Due to previous trauma in my life I felt... View More

Tim Akpinar
Tim Akpinar
answered on Oct 1, 2023

An Illinois attorney could advise best, but your question remains open for a week. It could depend on the nature of the safety issue and the reasonableness of your reluctance to drive, among other factors. You would need to reach out to local attorneys to try to set up a free initial consult for a... View More

1 Answer | Asked in Contracts for Illinois on
Q: bought 2 acres in ill 15 years ago 200k, went to sell and buyer find it is in a wetland, never disclosed to me recourse?

I bought the property from a very wealthy developer for 200k it is 2 acres, We had it surveyed and asked the owners for topography maps. All looked good. Then I went to sell itlast week after owning for 15 years the buyers tell me the county wetland maps show 90 percent is in wetland map. We were... View More

John Michael Frick
John Michael Frick
answered on Sep 17, 2023

It may not have been a wetland when you bought it. The EPA changed the definition of wetland in the past few years to greatly expand it.

1 Answer | Asked in Contracts and Construction Law for Illinois on
Q: Do we need to pay contractor if he didn't give a quote before purchasing expensive light fixtures?

We hire a contractor to remodel our house before listing for sell. After he finished the work on the contract, our broker suggested us to replace some light fixtures. We agreed to do that. However, the contractor never give us a quote on this. A few days later, our house was under contract and we... View More

Charles Candiano
Charles Candiano
answered on Sep 13, 2023

Worker's Compensation is a highly specialized area of law that concerns itself with work-related injuries. This is not that. Here, your broker requested that certain light fixtures be replaced. You contacted the contractor (who had already remodeled your house and whose work you were... View More

1 Answer | Asked in Business Law, Civil Litigation and Contracts for Illinois on
Q: How do I get my money back from someone who tricked me into investing into his businesses. How can I sue?

I was told that I was a partner and would start seeing a return on the investment and was manipulated into giving money. I need to know my options as far as if I can recover some of my money back or if there's any alternatives that would allow me to get out of this business venture.

Gary S. Weiss
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answered on Aug 3, 2023

The facts you stated may give rise to a cause of action for common law fraud and statutory fraud, pursuant to the Illinois Fraud and Deceptive Practices Act. You may be entitled to obtain an award of your actual damages and for the attorney's fees and costs you incur.

You may also...
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1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law for Illinois on
Q: My son is not renewing a lease. The roommate is renewing but refuses to pay my son his rightful half of the deposit.

My son is renting an apartment with one roommate. The lease they both signed includes a $995 deposit which they each paid half $477.50. The lease ends May 31, 2023. My son is going to move out May 31. His roommate has decided to stay in the apartment and resign the lease with my sons name deleted... View More

Cynthia Pietrucha
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answered on May 31, 2023

Sorry to hear about your son's situation. Consulting an attorney on this may not be worth the money unless your son wants to prove a point or he can find a low flat rate for the legal work.

Your son should consider the following:

(1) Review the lease and document: Carefully...
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1 Answer | Asked in Contracts and Consumer Law for Illinois on
Q: If a dealership forgets to charge your $$ down and signed the contract already do you pay it or can I return the car?

Purchased a vehicle in IL over the wknd. I and they forgot about the $$ down payment. I signed the contracts. They called me up to request I pay it. Can I legally return the vehicle or do I have to pay the $$? I have it, just having buyers remorse and thought this might be a legal opportunity to... View More

Demitrus Thomas Evans
Demitrus Thomas Evans
answered on May 2, 2023

Thank you for the questions. I can't be certain unless I have read the contract. Did you read it in detail? Are there parts that you do not understand?

When you look closely at what they did charge you sure that the downpayment was not included?

People will ask me "How...
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1 Answer | Asked in Contracts and Landlord - Tenant for Illinois on
Q: Is it possible to get out of a lease without legal repercussions?

My daughter is currently renting an apartment with my niece and my brother(my niece's dad) is a cosigner.

Cynthia Pietrucha
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answered on Apr 20, 2023

My firm has helped individuals and businesses get out of leases by corresponding with landlords to make this request. However, the possibility of breaking a lease depends on where you live and the landlord you are dealing with. For example, City of Chicago is a lot more difficult than the suburbs... View More

1 Answer | Asked in Contracts and Divorce for Illinois on
Q: Can my parents enter me (adult child) into a contractual obligation within their divorce decree without my signature?

In my parents divorce decree they entered me into obligation to pay 1/3 of my college. The other third being paid by my dad and the other my mother. Is this obligation legally binding if I never signed anything agreeing to this obligation and that they agreed to it on my behalf even though I was... View More

J. Richard Kulerski
J. Richard Kulerski
answered on Apr 19, 2023

It doesn't mean that you must pay one-third. It only requires your parents to pay one-third each. Their respective obligations are capped at one-third each. The court had no jurisdiction over you and could not order you to do anything.

2 Answers | Asked in Business Law, Contracts and Employment Law for Illinois on
Q: Employee Non-Competition and Confidential Information Agreement" enforcement.

Back in 2002, I signed a "Employee Non-Competition and Confidential Information Agreement" with my employer, which is a tire dealer. In 2004 I resigned from this company and worked for a another company about 25 miles away from my previous employer that I resigned from. It was also a tire... View More

T. J. Jesky
T. J. Jesky
answered on Apr 16, 2023

Short answer: No. An employer cannot unreasonably stop you from making a living. Generally, if you sign a Employee Non-Competition and Confidential Information Agreement, it is valid for no more than two years. I have yet to hear of any Court enforcing such a document if it states in the... View More

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1 Answer | Asked in Construction Law and Contracts for Illinois on
Q: What is the best legal action to motivate a contractor to complete a project and what are our rights as homeowners?

Currently in the middle of contract for a home addition that was signed December 2021. The project officially began 2/9/22, blueprints were finalized 6/24/22, and permit were pulled 7/29/22. At this point I would say the project is about 40% done. We have paid 90% of the contract. After the... View More

Frederick A. Lurie
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Frederick A. Lurie
answered on Apr 14, 2023

Under Section 5 of the Mechanics Lien Act, the contractor is required to provide you with a sworn statement listing all the subcontractors, their trades and contract amounts before any money is due if you request the information. The statute provides:

"It shall be the duty of the...
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1 Answer | Asked in Contracts, Criminal Law, Employment Law and Tax Law for Illinois on
Q: Hi. My previous employer used my SSN for another guy with almost the same Name as mine and I came to know about it when

I received tax document in my mail box. Can I file a law suit & if yes who.

James L. Arrasmith
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answered on Mar 4, 2023

Yes, you may be able to file a lawsuit for identity theft or fraud against your previous employer for using your Social Security number for another person. You should consult with an attorney who specializes in identity theft and employment law to evaluate your options and help you pursue any legal... View More

1 Answer | Asked in Employment Law and Contracts for Illinois on
Q: My former employer signed a written agreement not to continue giving me a bad reference. Is this agreement legal?

I had a lawyer for a reference checking company handle the situation. The lawyer sent the employer a Cease and Desist letter. The company agreed to only provide date of hire, departure, and title of position. The employer sent the lawyer a signed agreement - to avoid getting sued for giving... View More

Cynthia Pietrucha
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answered on Mar 2, 2023

Based on the information provided, it appears you have a breach of contract case. If the relevant deadlines for acting on such a claim have not passed, you can sue the employer for breach of contract.

However, it does not appear you'd have a separate action for the cease and...
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1 Answer | Asked in Banking, Civil Litigation, Contracts and Bankruptcy for Illinois on
Q: Can I say I’m going in to bankruptcy during a judgement
James L. Arrasmith
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answered on Mar 2, 2023

Yes, you can declare bankruptcy during a judgement. Filing for bankruptcy can stop or delay the enforcement of a judgment against you, as well as discharge or reduce certain debts. However, it is important to note that there are different types of bankruptcy, and not all debts can be discharged or... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Illinois on
Q: Hello I need your help, please a recommendation, or something My ex Renter doesn't wanna give back my deposit back

I moved from the house where I was renting and I had given a deposit of $1,100 and soon after I vacated the house I took out all my things.Handed the Owner His keys , The owner came and I asked him about my deposit and he said NO! That according to him, the Deposit is used and covers all the... View More

Dragan Ivetic
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answered on Feb 10, 2023

The answer will depend on the terms of the lease agreement that you had, which we do not know. However it is typical that a security deposit may be used to cover repairs to the property after you move out that are needed to restore the property to rent to another person. The lack of repairs... View More

2 Answers | Asked in Employment Law and Contracts for Illinois on
Q: Signed non-compete in IL, that I must give 10-day notice & name of my next employer before quitting. Do I have to do so?

I signed a con-compete in Illinois that reads "If for any reason I decide to voluntarily resign from the Company, I acknowledge that the Company requests that I provide at least 10 business days written notice of my intent to leave, the date I want to leave, and (as soon as I know it) the name... View More

Bryan R. Bagdady
Bryan R. Bagdady
answered on Feb 2, 2023

Your question is missing some important information. Having said that, non-competes are not enforceable in Illinois unless they are reasonable under the circumstances. I do not believe that an Illinois court would find the requirement to disclose a new employer as being unreasonable. I suspect that... View More

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Q: so a land patent protects the property within the land patent if the holder steps foward
James G. Ahlberg
James G. Ahlberg
answered on Feb 1, 2023

I don't mean to sound rude, but you've made a statement rather than asking a question. Do you have a question? You'll want to use somewhat correct terminology. A "land patent" typically refers to the initial grant of a piece of land by the government to an individual or... View More

1 Answer | Asked in Contracts, Business Law and Internet Law for Illinois on
Q: If you already have an LLC and you create a new unique product - is it better to set up a new LLC to separate it?

I am wondering about legal protection and how it works with legal issues. If an issue surfaces and you have multiple LLCs do they all get called into court since your name as a member is on all of them - is there really any more legal protection with a LLC vs ones that already exist?

Demitrus Thomas Evans
Demitrus Thomas Evans
answered on Dec 23, 2022

No, the LLCs are separate, if you have kept them separate with different bank accounts, addresses, etc.

If your new product can be protected because of its new process (it does something that no other product does) perhaps your protection is not from the type of structure but in...
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