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Illinois Real Estate Law Questions & Answers
1 Answer | Asked in Contracts and Real Estate Law for Illinois on
Q: We signed a contract for deed in IL and cannot afford to stay. Can we vacate the premises and return property to seller

We want to get out of the contract for deed. We are behind on payments. Seller states if we move we are liable for the entire amount

being due immediately...

T. J. Jesky
T. J. Jesky
answered on Oct 20, 2018

There are too many missing parts to your question. If you signed a contract to lease the premises and with option to purchase at the end of the lease, then you would be liable for the term of the lease. That being said, the landlord would need to make a reasonable effort to the lease the... View More

1 Answer | Asked in Real Estate Law for Illinois on
Q: Is there a statute of limitations on property line encroachment and can I take legal action to force removal?

Declaration strictly states "in no event shall any patio, etc.... extend beyond the lot line as defined by the "party wall" a fence separating the 2 homes. The declaration defines the party wall as defining the lot line. Additionally the Declaration states that the HOA cannot create... View More

James G. Ahlberg
James G. Ahlberg
answered on Oct 12, 2018

Answers to questions like this depend on a careful reading of all the documents involved. Make an appointment with a knowledgeable real estate attorney. Bring all the relevant documents -- the plat or other document containing the declaration, a copy of the constitution and bylaws of the HOA if... View More

1 Answer | Asked in Real Estate Law for Illinois on
Q: Can a power company ignore an easement from 1965 with feet and use the undefined easement from 1918?

1918 easement is undefined. 1965 easement grants 15 ft. They want to ignore this easement and use older one, claiming they have 30 ft.

James G. Ahlberg
James G. Ahlberg
answered on Oct 11, 2018

It's difficult responding to this because it requires interpreting documents I haven't seen. My gut reaction is that they probably can't do this -- but I might disagree with my gut reaction if I read the recorded documents. Either way you need to find a lawyer to look at the... View More

1 Answer | Asked in Real Estate Law for Illinois on
Q: How do I transfer ownership of my house without a sale?
Kori Maria Bazanos
Kori Maria Bazanos
answered on Oct 5, 2018

You may transfer any rights you have in the house by way of a quit claim deed. I recommend that you retain an attorney to assist you with this, to ensure it is done properly.

1 Answer | Asked in Real Estate Law for Illinois on
Q: Property Utility Bill, Violations, and property taxes are transferred to new owner or stays with last owner after sold?

I have a property in city of chicago with balance on Water Bill and my last two years taxes are sold (that is my property taxes are bought by some user which I need to pay) and it has some violations regarding repairing property.

So question is if I sell or transfer this property to any new... View More

T. J. Jesky
T. J. Jesky
answered on Oct 2, 2018

You are going to be responsible for these bills. As far as the property taxes, at closing, the closing agent is going to investigate if the property taxes have been paid. The proceeds from the sale will be used to pay the unpaid property taxes, and the property taxes will be pro-rated up to the... View More

1 Answer | Asked in Civil Litigation, Contracts, Landlord - Tenant and Real Estate Law for Illinois on
Q: Can the owner back out selling house if in rent to own lease agreement if the tenant has done nothing to violate lease?

We signed a one year contract rent to own lease and want to purchase the house and now seller says we have to be out by end of lease and not selling to us.

T. J. Jesky
T. J. Jesky
answered on Sep 28, 2018

Short answer: No Long Answer: A contract is a binding document and commitment between the parties. Before we can say the owner is committed to sell the house to you, you would need to read the terms of the contract. There may be a provision that might allow him to rescind the contract. If the... View More

1 Answer | Asked in Contracts and Real Estate Law for Illinois on
Q: we purchased home as is in Illinois based on disclosure form stating that there was no leaks.

the form had been checked stating there was leaks, then marked through indicating no leaks. do I need to find out if seller had been advised by her agent to change statement or did she do so on her own. Very evident that attempted repairs had been made over the 28 years seller had owned property.... View More

T. J. Jesky
T. J. Jesky
answered on Sep 28, 2018

Here is the Illinois Compiled Statute (765 ILCS 77/55)

Sec. 55. Violations and damages. If the seller fails or refuses to provide the disclosure document prior to the conveyance of the residential real property, the buyer shall have the right to terminate the contract. A person who...
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2 Answers | Asked in Real Estate Law for Illinois on
Q: Discovered more than half of my outbuilding isn't on my property, can I go after the title company for this?
Ray Choudhry
Ray Choudhry
answered on Sep 17, 2018

Read the title policy.

If no survey was done, it probably has an exception for boundary lines.

It's possible you have easement.

Hard to see why previous owner built on someone else's property unless he owned both parcels.

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1 Answer | Asked in Real Estate Law for Illinois on
Q: Does a landlord refuse to renew a lease even when rent been paid on time every month.
Ray Choudhry
Ray Choudhry
answered on Sep 13, 2018

Lease ends when it ends for landlord and tenant.

Some leases have renewal provisions in them.

1 Answer | Asked in Real Estate Law for Illinois on
Q: My mother created a Last Will & Testament (also as a Pour-over). I believe my brother...see below

My mother created a Last Will & Testament (also as a Pour-over). I believe my brother, the POA has breached his fiduciary duties.

Being a beneficiary, I asked for him to provide a copy of her will and her trust. He told me that they were at the Cook County Recorder of Deeds.

I... View More

Ray Choudhry
Ray Choudhry
answered on Sep 13, 2018

You need to hire a estate and probate lawyer.

If he didn't open an estate, then you can.

The problem is that there may be nothing to probate because everything may have been transferred out of her name.

1 Answer | Asked in Real Estate Law for Illinois on
Q: Is there a SOL on suing my aunt for fraudulently removing my name as a heirs from my grandparents home?

My grandparents owned property and grandmother removed her name from her house before she passed and added me and 2 of my aunts my grandfather (now to deceased)name remained, years later i researched and found my name was originally on the house my aunt sold it could that been done without my... View More

T. J. Jesky
T. J. Jesky
answered on Sep 11, 2018

Unless you are minor and your aunt is your designated Guardian, you have a major fraud case against your aunt. If you are minor, when you reach your majority, your aunt needs to turn the proceeds of the sale of the property over to you.

However, if you have reached your majority, and you...
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1 Answer | Asked in Real Estate Law for Illinois on
Q: Can my name be removed from property as a Heir without my acknowledgement in Chicago?

My grandparents owned property and grandmother removed her name from her house before she passed and added me and 2 of my aunts my grandfather (now to deceased)name remained, years later i researched and found my name was originally on the house my aunt sold it could that been done without my... View More

Ray Choudhry
Ray Choudhry
answered on Sep 10, 2018

In real estate you don't remove your name. You transfer it even if it is to you and someone else.

So, your grandmother transferred it to certain people.

It can only go from the new people to someone else if everyone it was transferred to signs.

Your issue may be with...
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1 Answer | Asked in Contracts and Real Estate Law for Illinois on
Q: We are selling our home and the buyers are purchasing have breeched the contract what can we do?

They have not followed thought on their timelines and keep asking for more money and froze their loan process and we are trying to buy at the same time. We are good to close next week but they won’t follow through on their side is there anything we can legally do? We’ve had to rent a a storage... View More

T. J. Jesky
T. J. Jesky
answered on Sep 8, 2018

When you entered into a real estate sale agreement, that agreement became a binding contract. Like other legally binding contracts, if one of the parties refuses to complete the real estate transaction according to its terms, the other party may seek damages for breach of contract.

If the...
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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Illinois on
Q: Typo in a lease regarding rent

I recently signed a 12-month lease in Evanston, IL. The beginning of the term was 7/1 but the contract said that the first month's payment of $950 is due on or before 8/15. While it seemed a little strange to me that there was nothing mentioning July rent, I signed it and planned to pay my... View More

T. J. Jesky
T. J. Jesky
answered on Sep 8, 2018

Based on your scenario, this typo sounds that this was a “Mutual Mistake.” Based on the fact that you call this a typo, you yourself probably view this as a "Mutual Mistake." Basically, meaning that neither party noticed it was wrong, but did not intend for it to be present. In a... View More

1 Answer | Asked in Real Estate Law for Illinois on
Q: Can you get out of your lease for holes in your ceiling that is now leaking during rainy days?

Roof started leaking a few weeks ago and after a few efforts by the landlord to address it, the roof has not been fixed. The landlord has mentioned that they are going to renovate the place in March 2019 when we get out of the lease and are not going to fix this issue. They told us we can get out... View More

T. J. Jesky
T. J. Jesky
answered on Sep 8, 2018

In landlord-tenant law, a warranty of habitability is implied in a residential lease. The law imposes certain duties on a landlord to maintain the premises in habitable condition. This warranty requires landlords to keep their property "habitable," even if the lease does specifically... View More

1 Answer | Asked in Land Use & Zoning, Municipal Law and Real Estate Law for Illinois on
Q: What are my rights? A municipal is threatening to demolish my house.
James G. Ahlberg
James G. Ahlberg
answered on Sep 8, 2018

There is no way to answer this question without knowing why the municipality is threatening to demolish your house, what their local ordinances provide and whether their local ordinances are appropriate under state law. The stakes are high, so you need to make an appointment with a local lawyer as... View More

1 Answer | Asked in Real Estate Law for Illinois on
Q: We live on a 7-acre 'farmette' in rural Illinois.

The widow of the original farmer still owns hundreds of acres of farmland surrounding us. We would like to ask if she would sell us 10-15 acres, but feel it would be improper to approach her directly. What is the correct way to reach out to her? Real estate agent? or attorney?

James G. Ahlberg
James G. Ahlberg
answered on Sep 7, 2018

There is nothing improper about approaching her directly, unless there's a history of bad blood between you. It's cheaper than hiring a real estate agent or an attorney to make the initial contact as well, though you should use an attorney to draw up the appropriate documents.

1 Answer | Asked in Real Estate Law for Illinois on
Q: Our renters are breaking their lease and won't give us access so that we can list it for sale. What can we do?

Our renters gave notice that they are breaking their lease 6 months into a 1 year lease. We are trying to list it for sale, but the renters are not being accommodating for us to get pictures for the listing. I'm sure it is going to be impossible to show the house to potential buyers. What... View More

Jeremy Wang
Jeremy Wang
answered on Sep 7, 2018

The easiest way to handle this is to offer to pay your tenants to move out earlier.

The sooner they move out - the sooner you can get the house on the market.

1 Answer | Asked in Real Estate Law for Illinois on
Q: My neighbor says branches from my tree are damaging his roof. Am I responsible for cutting the branches?

I have received a letter from his lawyer asking me to resolve the issue.

Jeremy Wang
Jeremy Wang
answered on Sep 2, 2018

Short answer - Yes. Or your neighbor can cut them and send you the bill.

1 Answer | Asked in Estate Planning, Landlord - Tenant, Probate and Real Estate Law for Illinois on
Q: My father passed away from dementia his attorney also I find out has passed how do I get a copy of his will?

When my mother would let my father stay with me 3 days a week b /c he loved me she said 1 day have your father practice writing his name. I now find out that he was not of sound mind as I know he did not know my name would call me peanut, sunshine and have me write my name on a pc of paper so he... View More

Jeremy Wang
Jeremy Wang
answered on Aug 29, 2018

Sorry to hear about the passing of your father. If your father quitclaimed the house over to his girlfriend your father no longer owned title to the property when he passed - that is unless you can show the transfer was done under duress, or undue influence, or perhaps maybe even fraud.

If...
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