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Illinois Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Illinois on
Q: We r looking for a home but have to sign a lease today for apt renewal on Nov 15. If I find something is there an out?

Do I have any time to get out of the contract if I find something within the next 2 weeks?

James G. Ahlberg
James G. Ahlberg answered on Sep 15, 2021

No, unless you convince your landlord to put it into the lease. Check the terms of your existing lease. What does it say happens if you don't sign a new lease and simply stay put?

1 Answer | Asked in Real Estate Law for Illinois on
Q: How can I buy a piece of property, which is currently owned by a dissolved (20-30 years) home owners association?

I live on a small lake in Illinois with about 42 homes on it. Sometime in the late 1980's or early 1990's, the home owners association was completely dissolved. Several of the common outlots were sold to private citizens, except one outlot. This outlot has sat without any tax bill since... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Sep 13, 2021

You may start with the county's assessors officer to determine those necessary legal entities to initiate your purchase, if merited at that time.

1 Answer | Asked in Contracts and Real Estate Law for Illinois on
Q: Legal remedies to remove developer of new construction condo building and/or get building designated health hazard?

Almost every resident (39 units) has had water in their units, as well as water coming through the ceilings in the common areas due to uninsulated duct work. Humidity levels are off the charts. Connect the dots for what this means for fast growing mold and mildew. There is an election soon to... Read more »

Robert Shipley
Robert Shipley answered on Aug 25, 2021

Your description suggests that construction is completed and all units have been sold. The developer should have already turned over control to a duly elected board by the members of the Association. Your description describes a serious problem, which I presume has been confirmed by an... Read more »

1 Answer | Asked in Real Estate Law and Probate for Illinois on
Q: my brother and father have the same named. my father died. while mom was on vacation he moved into her house. he won't

leave. told a friend he was taking the house when she passes. can he?

James G. Ahlberg
James G. Ahlberg answered on Aug 18, 2021

No, he can't unless your mother leaves it to him in a will or she transfers the property to him through a deed or other conveyance.

2 Answers | Asked in Real Estate Law for Illinois on
Q: What form do I use to draft up my own petition for partition in Kendall County Illinois?

What code do I use?

Anthony M. Avery
Anthony M. Avery answered on Aug 18, 2021

Partitions can be extremely complex. Hire a competent attorney to handle it, and his fees might be satisfied from the gross proceeds prior to net distribution.

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1 Answer | Asked in Real Estate Law, Construction Law, Environmental and Landlord - Tenant for Illinois on
Q: Wrong size natural gas pipe in kitchen ? Who is responsible ?

Recently we moved into a 2004 8 story condo in IL without an inspection. We noticed that we were getting a very low pressure and after a while an orange flame started to be visible. I contacted the management and board who said that nobody else in the building had similar issue and since it only... Read more »

Tim Akpinar
Tim Akpinar answered on Jul 27, 2021

An Illinois attorney could advise best, but your post remains open for three weeks. You could try asking the City, but it seems unlikely they would become involved in a private dispute involving an HOA where an owner had opportunity for inspection. In terms of public authorities, you could check... Read more »

1 Answer | Asked in Land Use & Zoning, Public Benefits and Real Estate Law for Illinois on
Q: Does the State of Illinois have to purchase my daughters entire property?

The State has offered to purchase a portion of the property. This would include a majority of the septic field. She has nowhere to replace it. They did not have any compensation for this item listed on their offer. Would that make her property inhabitable and what are her options? Do they have to... Read more »

James G. Ahlberg
James G. Ahlberg answered on Jul 27, 2021

Your daughter needs to make an appointment with an experienced real estate lawyer to discuss this. Make sure she brings to the appointment a copy of the offer the state made.

2 Answers | Asked in Elder Law, Bankruptcy, Foreclosure and Real Estate Law for Illinois on
Q: My home has been foreclosed. I just recently found out now. I vacated and gave keys to my attorney in early 2020

It's been auctioned, judge reversed the purchaser of the auction in Dec. 2020. I am now being sued for everything. I was not advised of the court date by my counsel and no one showed to represent me. My calls have not been returned. And to top that off my identity has been stolen and used. I... Read more »

Timothy Denison
Timothy Denison answered on Jul 22, 2021

What is your question?

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1 Answer | Asked in Real Estate Law for Illinois on
Q: What are my options for roof damage that occurred after inspection but before closing?

I had my house inspected in October and everything was fine. The old owners did not want to move out until January and there was damage sustained to the roof in November. My insurance will not cover it because I didn’t have a policy on this house and said to have the previous owners file a claim,... Read more »

Erik K Jacobs
Erik K Jacobs answered on Jun 23, 2021

A number of states (including Illinois) have adopted the Uniform Vendor and Purchaser Risk Act (765 ILCS 65/1). This Act provides that in all real estate contracts there is an implied term that if the purchaser has NOT yet received title OR possession of the property, the seller bears the risk... Read more »

1 Answer | Asked in Foreclosure and Real Estate Law for Illinois on
Q: May I change the locks on a home I own that has been for the most part abandoned? Please see additional info below:

Home was purchased at a foreclosure (judicial) sale in Illinois. I have a order of possession from the original foreclosure proceedings. Evictions have been postponed due to pandemic. Home has water shut off. Prior owner lives somewhere else, but still has keys. Prior owner occasionally visits... Read more »

Erik K Jacobs
Erik K Jacobs answered on Apr 29, 2021

As a practical matter, yes. Possession has been ordered in the foreclosure. The owner does not RESIDE in the premises. It sounds like he's an occasional trespasser.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Illinois on
Q: I live in a 31 floor high rise building in river north Chicago owned by a management company.

Because of an error the developer made all balconies are having to be replaced in a 3 year old building. The drilling and construction has been going on for months and is unbearable in a work from home environment. What are our tenant rights in the situation (concessions, lease cancellations w/out... Read more »

Robert Shipley
Robert Shipley answered on Apr 13, 2021

The lease would have to be reviewed to determine what rights you may have as a tenant give the circumstances you describe. If the work has interfered with your ability to live in your unit without disruption there may be a basis to claim constructive eviction and terminate the lease on that basis.... Read more »

2 Answers | Asked in Arbitration / Mediation Law, Real Estate Law and Estate Planning for Illinois on
Q: Inherited undivided interest in a large amount of land, that has mineral rights. Can one of the family members force the

The other family members to sell the land? This land has been in our family for an extremely long time & some don’t want to sell.

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Mar 27, 2021

Those who want to sell can file a lawsuit for Partition. They will win. This will give the court the power to sell the property at auction and divide the proceeds among all the owners. An auction sale is not likely to bring in as much money as a regular sale.

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1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Illinois on
Q: How do add a relative to your home, so they can continue living their if one should pass away?

I live with my mother, helping her with bills and running errands for her since she had been on oxygen, she just had a stroke and is now in the hospital. I am one of 3 sons. One brother has legally been left in charge of her finances, the other in charge of her medical. She was wanting to put me on... Read more »

Charles E. Hutchinson
Charles E. Hutchinson answered on Mar 25, 2021

To say which is "best" is subjective and would depend on many factors. However, the three most common ways to accomplish the goal of leaving you the house are:

1. Adding your name to the title.

2. She can leave it to you in her will.

3. She can put it in a trust...
Read more »

2 Answers | Asked in Real Estate Law for Illinois on
Q: I have a quit claim deed from my grandmother drafted 40 years ago, the grantees where her 3 children,the deed has a ---

Designation which states "not in tenancy in common but in joint tenancy" what does this Designation mean? Let's see who is the smartest attorney out there?

Anthony M. Avery
Anthony M. Avery answered on Mar 11, 2021

Generally that means the survivor of the three grantees take the fee simple absolute. The two predeceasing grantees estates are extinguished and their heirs/devisees take nothing. Before you act on this explanation, you should hire a competent attorney to perform a title search.

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1 Answer | Asked in Estate Planning and Real Estate Law for Illinois on
Q: When a family member passes, how can you be sure that the house goes to the intended beneficiary?

My father want to be sure that I maintain his home when he passes, but we're not sure how to accomplish this. We're in St. Clair County Illinois. When we called the county, we were told to reach out to a lawyer.

Erik K Jacobs
Erik K Jacobs answered on Mar 8, 2021

There are a few options. First, your father can leave the home to you in his will. Second, your father could execute and record a Transfer on Death Instrument (TODI). This document should be immediately recorded in the County Recorder's Office and becomes effective upon your father's passing.

1 Answer | Asked in Real Estate Law for Illinois on
Q: When giving easement to property can you specify usage of easement?

Brother is wanting easement to get to his property. He farms it and has a goose pit. The problem is his let everyone goose hunt . They fly by the house down the road without permission or care about animals and people.

Erik K Jacobs
Erik K Jacobs answered on Feb 11, 2021

Yes - you can define the specific use of the property subject to the easement. For instance, the easement can be for ingress and egress. The easement can be for the installation and maintenance of utilities such as electricity, gas or sanitary sewer.

1 Answer | Asked in Consumer Law, Foreclosure and Real Estate Law for Illinois on
Q: Where can I find a free or fee based attorney to help me save my house? I have kids

Between husband being off due to infection in hand and when he went back to work a pay cut and my hours cut we are behind on our home and now an attorney has sent us a letter about taking house

Tim Akpinar
Tim Akpinar answered on Jan 3, 2021

An Illinois attorney could advise best, but your post remains open for five weeks. You could try running some searches under "legal aid attorneys" and similar and related terms. Also try searching for "pro bono legal services." Look into whether the Illinois State Bar... Read more »

1 Answer | Asked in Real Estate Law for Illinois on
Q: Can I trim branches of a neighbor's tree that are hanging over my property and fence? With or without notifying her.

She told the contractors I hired to do the work not to touch her tree. At no time were they on her property

Erik K Jacobs
Erik K Jacobs answered on Dec 11, 2020

Yes - Technically your property extends from the ground up. That being said, many contractors are hesitant to cut portions of a neighbor's tree since they do not want to be caught up in a legal dispute. Also, I'm sure they would want to be darn sure where the property line is....

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...
Read more »

1 Answer | Asked in Real Estate Law for Illinois on
Q: A sale was conducted, the deed was recorded, but

1) transfer taxes were not paid

2) transfer stamps not on the filed deed document

3) purchaser's signature not on the document.

Is the sale valid or is it void?

Erik K Jacobs
Erik K Jacobs answered on Nov 19, 2020

Generally the County Recorder will not record a deed without transfer taxes. However, there are a number of situations where a transaction may be exempt from having to pay transfer taxes. See 35 ILCS 200/31-45(a). Several municipalities also have transfer tax ordinances which require a tax to be... Read more »

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