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Illinois Real Estate Law Questions & Answers

1 Answer | Asked in Real Estate Law for Illinois on

Q: Who is responsible for trimming trees, bushes on property line ?

Can my neighbor forces me to trim my trees, bushes and vegetation overhanging his property line ?

Can my neighbor to call the police regarding this problem ?

Can I get a ticket from the police officer for overhanging trees, bushes, limbs and vegetation ?

James G. Ahlberg answered on Aug 5, 2019

The alternative to you trimming your trees and bushes is that the neighbor will do it. He or she can cut the overhanging vegetation right up to the property line -- which means he or she may do it badly and inadvertently harm your plants. Be a good neighbor, prune the stuff.

1 Answer | Asked in Divorce, Real Estate Law and Probate for Illinois on

Q: New Hampshire home owner failed to file quick claim deep signed by ex-spouse. Divorce decree clearly state ex wife

Not entitled to house. Owner died. House in probate. Ex wife now trying to claim house because quick claim deed was not filed 4 years ago when divorce was final. Does ex wife have have legal right to take the house?

James G. Ahlberg answered on Jul 18, 2019

This is a question to ask a lawyer licensed to practice in New Hampshire, not Illinois.

1 Answer | Asked in Real Estate Law for Illinois on

Q: What are my rights and options?

Long before I moved into my current residence as a newlywed, the neighbor had a privacy fence built that was known by both homeowners to be over the property line into this property. No easement was asked for or paid. The current owner has 3 downspouts that drain onto my yard (two from the house, 1... Read more »

James G. Ahlberg answered on Jul 13, 2019

I encourage you to make an appointment with a lawyer to discuss your options since there are so many variables. For example, if the former owner of your home gave permission to put the fence on your side of the line, you can revoke the permission and demand that it be removed, but if the neighbor... Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for Illinois on

Q: Does my mother have any rights to the house she lives in thats part owned by her late husband of ovr 10 yrs of marriage?

His sister and son's names are on the deed also. His sister lives in the upper portion of the house, My mother's name is not on the deed.

Ray Choudhry answered on Jun 17, 2019

If the house was in joint tenancy with sister and son, then it belongs to them.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Illinois on

Q: I, who is the plaintiff, has a monetary judgement against the defendant whom I evicted as a tenant.

I am trying to collect past rent and court costs. We went back to court and the defendant agreed in front of the judge to pay me back $200 a month on the 15th of every month until the judgment is paid off. The judge signed off on that. Today is the 15th and she is refusing to pay.

I have... Read more »

Ray Choudhry answered on Jun 15, 2019

If the Judgment gave her a payment plan and she does not comply with it, you file a Rule to Show Cause why she shouldn't be held in contempt for failure to comply.

This gets more attention.

Let alone under the table, sometimes people don't even earn enough to be able to garnish...
Read more »

1 Answer | Asked in Real Estate Law and Contracts for Illinois on

Q: Receiving another offer after accepting a contingent offer?

If a buyer makes an offer on a home that is contingent on selling their existing home and the seller accepts the offer, but then receives a second offer can they accept the second offer? If so, what happens with the buyer who had the first accepted contingent offer?

Steve McCann answered on Jun 13, 2019

It depends on the specific language of the contract, and the duration of the contingency periods you describe. That being the case, I recommend you ask the attorney that is representing you in this matter, as he or she is most familiar with the transaction and is in the best position to provide... Read more »

1 Answer | Asked in Real Estate Law for Illinois on

Q: Do I have any legal options or am I saddled with the burden of trying to get this repaired?

The previous owners paid a contractor $1550 to install 14 footings and leveling jacks in the crawlspace. I have the receipt for the work completed 5/16/2014. The center of my house is sagging into the crawlspace. I went down into the crawlspace to visually inspect. One of the support beams used by... Read more »

Steve McCann answered on Jun 10, 2019

You may have a couple of options based on the facts provided. Your best option would likely be if the previous owners of the home had knowledge of the material defects you describe. If so, they may have violated various Illinois statutes if they did not disclose the defects to you when you... Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for Illinois on

Q: Own a property with my husband and grandmother. How can we transfer Gram's interest to my name only?

This is a family property, my family. In the event of divorce, I want to ensure that I maintain majority interest in the property. Gram is 93, what would happen to her portion in the event of her passing? She has outstanding debts at this time.

James G. Ahlberg answered on Jun 6, 2019

There's no way to answer your question authoritatively without more information. I encourage you to meet with an attorney. When you do, bring a copy of the deed establishing title in you, your grandmother and your husband. The answer to your question can only be determined by examining that deed.

1 Answer | Asked in Real Estate Law for Illinois on

Q: My father recently bought a house without the seller having the title in his name. Is this a legal sale?

The seller went down with my father to get a notarized letter saying that he was transferring his rights to the house to my father. We found out that he did not have the title and that the title of the house was not in his name yet he still sold it. He was able to change the taxes to his name... Read more »

Ray Choudhry answered on May 30, 2019

Was he transferring his rights such as from an estate or some contract he had with the owner.

You need to find out who owns the house. Check with the Recorder of Deeds.

2 Answers | Asked in Real Estate Law for Illinois on

Q: in Illinois if the house next to me is for sale, does the realtor have to have the property surveyed if i request it.

i know that the property line isn't at the current fence line. i want to know the exact line for myself and so the new owner won't be misled thinking they own for than they do.

James G. Ahlberg answered on May 27, 2019

No. If it matters a lot to you, pay for a survey of your lot, not the neighboring one. If it doesn't matter enough to you that you're willing to pay for a survey, you shouldn't worry about where the lot line is.

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1 Answer | Asked in Real Estate Law for Illinois on

Q: We sold our house and the listing agent did not inform us he was acting as a duel agent. What are possible remedies?

We also disclosed to the listing agent what we still owed on the property, imagine, the offer came in at that exact price. Later we found out true buyer was girlfriend of agents brother. Possible breach of fiduciary duties?

James G. Ahlberg answered on May 20, 2019

Yes. Bring all your paperwork to a competent real estate attorney and explain what happened.

1 Answer | Asked in Real Estate Law for Illinois on

Q: If buyer has a friend do the inspection on house and the repairs and cost are inflated, what are your options as seller?

Vincent Gallo answered on May 17, 2019

Then don’t sell them the house.

1 Answer | Asked in Real Estate Law for Illinois on

Q: If a real estate agent is acting as a dual agent in a home sale can he represent the buyer at closing?

James G. Ahlberg answered on May 13, 2019

No. You cannot trust someone who's already told you he is contractually obligated to also represent the other side to just represent you at closing. You need to hire an attorney as quickly as possible. Buying a home is typically the biggest expense you'll ever have -- it is worth the expense of... Read more »

1 Answer | Asked in Real Estate Law for Illinois on

Q: I bought a house with my dad and step mom. They are now getting divorced and she is claiming she is entitled to a third

We agreed to 50 50 when we purchased it but the agreement wasnt in writing. The deed list all three of us not me and them ex A+ B+C not A + B and C .

Vincent Gallo answered on May 12, 2019

If you examine the recorded deed you will get the answer.

2 Answers | Asked in Real Estate Law for Illinois on

Q: In a home sale can a real estate agent that is acting as a Dual agent represent the buyer at closing, in state of IL?

Kori Maria Bazanos answered on May 2, 2019

No. To do so would be considered the unauthorized practice of law.

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2 Answers | Asked in Criminal Law, Family Law, Real Estate Law and Legal Malpractice for Illinois on

Q: Im still married and just found out my husband sold our home and forged my signature with a notary present. What to do?

Ray Choudhry answered on Apr 25, 2019

forging a signature is a criminal offense.

see the police

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1 Answer | Asked in Land Use & Zoning and Real Estate Law for Illinois on

Q: Hi I wanted to buy a vacant land on the corner of a residential block (residential lot). Can I rent it for parking space

I plan to build a business/home tax office in the later future. I wanted to know if that's legal to do before I commit to buying the land. I wanted to rent parking spaces just temp. to make money but that's only short term while I gather money to build home/business.

Ray Choudhry answered on Apr 11, 2019

If you are in a city, the city's zoning laws control land use.

You need to go see the Zoning Office and find out what you can do with that lot.

Sometimes you can apply for variances but that is another matter.

1 Answer | Asked in Real Estate Law for Illinois on

Q: Is a 3rd party sale of real estate on eBay binding if it's a family member of the owner who resides in the same house?

I won a bid on eBay and turns out to be the mother of the owner that listed it, says they all live together in Mississippi (at the address listed on the deed). She sent me images of the owner's license and Quit Claim Deed this morning via email. I haven't actually heard from the owner. If I send a... Read more »

James G. Ahlberg answered on Mar 4, 2019

Don't send any money unless you don't care whether you get anything for it. You can't buy something from a person who doesn't own it, and the mother of the owner has no legal right to sell it.

You referred to an "owner's license" -- I've been practicing law in Illinois for 40 years and have...
Read more »

1 Answer | Asked in Real Estate Law for Illinois on

Q: Can I not sign a buyer requests for verification that this offer was presented for a less than the asking price offer?

We rejected a less than the asking price offer and the buyer is asking us to sign Lines 555-557 on the IL MULTI-BOARD RESIDENTIAL REAL ESTATE CONTRACT 7.0 contract. Is there a legal requirement for us to sign it? What are the implications if we don't do it?

555: Illinois Real Estate License... Read more »

Steve McCann answered on Feb 18, 2019

I highly recommend you stop everything that you are doing, and hire a real estate attorney to represent you in the transaction. I do not recommend accepting an offer until you are represented.

The reasons being are voluminous. First, once you agree on the contract, you are bound by its...
Read more »

1 Answer | Asked in Real Estate Law for Illinois on

Q: Must a commercial real estate lease in Idaho be witnessed or notarized? Is a memorandum required to be recorded?

James G. Ahlberg answered on Feb 18, 2019

Each state may have different requirements. This is a question to ask a lawyer licensed to practice law in Idaho, not a group of lawyers licensed to practice law in Illinois.

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