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Illinois Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Illinois on
Q: Hello, can you plz tell me if the association condo fees should be the same amount for all the units?

Our association set same fee for every body.

We got nothing in the bylaw , it was different before and now they set the same charge for all units

First floor condo, 2 bedrooms, 1 bathroom

James G. Ahlberg
James G. Ahlberg
answered on May 5, 2018

The answer can probably be found in the bylaws of the association.

1 Answer | Asked in Real Estate Law for Illinois on
Q: Am I or the city responsible of upkeep of retaining wall adjacent to public roads

I have a retaining wall that is on the property line a along the public roads of my corner lot with no sidewalks. I live up hill from these roads. who is responsible for repairs needed to this wall

James G. Ahlberg
James G. Ahlberg
answered on May 1, 2018

Your question leads to more questions than answers. Is the retaining wall on your property? Even if the wall is on your property, does the city have a right of way that extends under the wall? If there is a right of way agreement and the retaining wall is on the right of way, does the right of way... View More

1 Answer | Asked in Real Estate Law for Illinois on
Q: We purchased a town house 2 months ago that now has a leaking apllo hydroheater with corroded pipes throughout our home.

We have American home shield who said they would give us $1500 to replace the system which we are quoted at about $15000 to replace. We have found multiple areas where the corrosion and patch work was covered. Neighbors have all had issues with this system. The systems condition was not disclosed... View More

James G. Ahlberg
James G. Ahlberg
answered on Apr 14, 2018

Your questions concludes with this sentence: "We do not know where to begin and would need a lawyer in the North Aurora, IL area." Seriously, the first part of your sentence is answered by the last part -- you need a lawyer ASAP. Bring every scrap of paper you have dealing with this... View More

1 Answer | Asked in Real Estate Law for Illinois on
Q: I'm in the process of buying a condo.

If I decide to break the contract during escrow, how much of my money can I get back?

Carol Cadiz
Carol Cadiz
answered on Apr 13, 2018

This is impossible to say with certainty without seeing the actual contract and the reason for "breaking" the contract. Most contracts will provide certain provisions whereby it is legally OK to walk away & get your earnest money back (I assume this is what you mean) but without a... View More

3 Answers | Asked in Real Estate Law and Probate for Illinois on
Q: Mom lived, died & will filed in IL. She was sole owner of property (IN). Do I file probate in IL? How do I get tiltle?

Property less than $50K. No real assets in IL. She lived with me.

Stephanie Sexauer
Stephanie Sexauer
answered on Apr 12, 2018

Hi there,

Unfortunately, you'll need to file a probate here in Cook County, IL, and what's called an ancillary probate in Indiana. Please feel free to reach out to us if you have any additional questions.

Best,

Stephanie Sexauer

Sexauer Law, P.C.

(312)300-4743

sms@sexauerlaw.com

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Illinois on
Q: Is there a time limit to breaking a lease extension before the extension begins and can you be fined for it in Illinois?

My daughter had a 1 year lease in DeKalb IL. She signed an extension a month ago. She will not be in De Kalb after this year and informed the leasing office that she would be leaving at the end of her current lease (ends 7/27/18). They told her she would have to pay 3 months of extra rent or find... View More

James G. Ahlberg
James G. Ahlberg
answered on Apr 10, 2018

A lease is a contract. Once it is signed, it is binding on both parties barring unusual circumstances. The typical lease (especially in a college town) describes what the options and penalties are for not complying with its terms. Look at the lease your daughter signed for the answer to what... View More

1 Answer | Asked in Real Estate Law and Tax Law for Illinois on
Q: Can I avoid cap gains tax from a commercial property if I get a commitment letter of purchase for a new rental? Stocks?

I just sold my portion of a family business (commercial real-estate that had rental income) back to my family who held the mortgage. I understand I need to purchase like property to avoid cap gains tax. If I cannot close in the 60 days can I get a commitment letter? Can I use a portion for... View More

Steve McCann
Steve McCann
answered on Mar 29, 2018

The answers to your questions depend on very specific facts that are not provided here, such as your relationship to the family business, your actual interest in the business, as well as terms of the sale of your interest back to your family.

Since it is apparent you are making very...
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1 Answer | Asked in Estate Planning, Real Estate Law and Landlord - Tenant for Illinois on
Q: My aunt is selling her house and my aunt and I live here and have not found a place yet to live

The house is on the market already do we have 30 days to get out from the day they sell the house or do we have to be out ASAP or how long do we have before we have to get out

James G. Ahlberg
James G. Ahlberg
answered on Mar 19, 2018

The event at which title to real estate passes from the seller to the buyer is commonly called the closing. The agreement or contract your aunt and a buyer sign will set a date on or before which the closing is to take place. In almost every case, the seller has left the property before the... View More

1 Answer | Asked in Real Estate Law for Illinois on
Q: I purchased a new house on Fri. and am having second thoughts. Does the 3 day rule apply?
James G. Ahlberg
James G. Ahlberg
answered on Mar 19, 2018

No. You are experiencing "buyer's remorse." You can't undo it unless the seller is willing take it back and refund your money.

1 Answer | Asked in Real Estate Law for Illinois on
Q: Do I need to engage a real estate agent if real estate tranaction where no fees a charged? Can lawyers on both side

handle this? the buidling is not part of the business sale, but a private tranasction between buyer and seller.

James G. Ahlberg
James G. Ahlberg
answered on Mar 15, 2018

No. As long as the buyer and seller each have a competent attorney, you should be fine. It's worth noting that the same lawyer cannot represent both the buyer and the seller, though.

1 Answer | Asked in Real Estate Law for Illinois on
Q: Sue if a condo association mislead me into thinking my building has unit parking when it really has common element?

I moved into my Chicago condo about a year ago and was told parking was not included. Building management advised I would have to rent one from another tenant or wait until one became available on the market. I figured something would eventually become available because there is an excess of... View More

Steve McCann
Steve McCann
answered on Mar 14, 2018

Your question is a bit unclear, so did you purchase the parking space and later find out it could not be sold individually, or did you find that fact out prior to the completion of the sale?

Generally speaking, the association's liability depends on what representations were made by...
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1 Answer | Asked in Real Estate Law for Illinois on
Q: My ex died he remarried divorced got land and house.his ex is supposed to get everything and ouno My

He supposed ly made a new will out in Feb.2017 and left her everything. She was seeing someone the week before he died. The investigation took 3 months .they ruled suicide they came to a dead end. Said they had to put something down.are our two daughters don't get nothing

Ray Choudhry
Ray Choudhry
answered on Mar 12, 2018

If the will is valid, it controls.

If the children are underage or there is back support owed, there may be a claim against the estate.

1 Answer | Asked in Employment Law, Estate Planning and Real Estate Law for Illinois on
Q: Can I stay an illinois resident if a work in louisiana?

I have a house in illinois, drivers license, and car registration. Can I keep illinois residency while working in louisiana?

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

As a general rule, a person maintains their residence until they leave to establish a new on with the intent of not returning to the former residence to live. If you've moved to Louisiana for 3 months to work, for example, you remain an Illinois resident. On the other hand, if you've... View More

1 Answer | Asked in Contracts and Real Estate Law for Illinois on
Q: after the real estate contract is signed by both parties the seller and the buyer, the modification letter is sent to

the seller's attorney, the next day the seller's attorney emails a letter of termination based on that both parties cannot get into an agreement, the same day, another letter is sent to the seller's attorney stating that the buyer does agree with all the terms, and the loan is almost... View More

Steve McCann
Steve McCann
answered on Mar 11, 2018

The answers to your questions are very fact specific. Therefore, I recommend consulting the attorney representing you in this transaction. If you do not have an attorney representing you, you absolutely should retain one immediately. Many firms will represent you throughout the entire... View More

1 Answer | Asked in Banking and Real Estate Law for Illinois on
Q: My 2 daughters were named as heirs when my ex-husband died. There was no will and they signed a small estate affidavit.

He owned a house on which there is a mortgage. Nothing has been done with the name on the mortgage and his girlfriend is living there and making payments. The mortgage is now in default. Will this affect my daughter's credit? They want to sell the house and evict the girlfriend. How should... View More

Ray Choudhry
Ray Choudhry
answered on Mar 8, 2018

The house will stay in husband's name until legally taken off through mortgage foreclosure or tax sale.

Only other way is for a probate estate to be opened and the house sold.

If the daughters are not on the note to the house, they have no liability.

Often, when a house...
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1 Answer | Asked in Real Estate Law for Illinois on
Q: How long do I have to sue my realtor after buying a property? Information that he gave us was false

Information that he gave us on the property is false. The false information has just now become evident to us after 2.5 years of owning the property. Multiple facts that he gave us were false about the home's flooding history.

Steve McCann
Steve McCann
answered on Mar 7, 2018

It is depends on the nature of the causes of action you intend on alleging in the complaint. If you are alleging breach of a written contract, you could have up to 10 years, but it could be less depending on your legal theories. That being the case, I highly recommend organizing everything you... View More

1 Answer | Asked in Real Estate Law for Illinois on
Q: We're told 2 get preapproval letter for house. Got it and resubmitted. Now owner wants 5 grand more?

First offer was submitted in December 2017. Newsest offer was March 1, 2018. They had our original earnest money the whole time. We assumed that meant we still had a deal. Now no one can find paperwork confirming they told us that. We have a text message from the realtor stating this. What can we... View More

Carol Cadiz
Carol Cadiz
answered on Mar 6, 2018

There should be a contract in place and I am assuming that you don't have a lawyer- you should take the contract - if any exists- along with all correspondence, documents, etc. to a lawyer for immediate evaluation- the lawyer can tell you where things stand legally as this is not the type of... View More

1 Answer | Asked in Real Estate Law, Landlord - Tenant and Criminal Law for Illinois on
Q: Without permission, a “potential investor” moved into our vacant townhouse that we are trying sell before foreclosure.

Trying to serve 30 day notice but he is never there. Can I email him notice with a read receipt?

James G. Ahlberg
James G. Ahlberg
answered on Mar 5, 2018

If he truly is there without permission it sounds like he is committing criminal trespass. Call the police.

1 Answer | Asked in Real Estate Law and Appeals / Appellate Law for Illinois on
Q: Only HOA, their relative and friends ...even the repair guy got the grandfathered in clause and owners here 20 years not

This is for rental rights.

Wendy D. Calvert
Wendy D. Calvert
answered on Mar 1, 2018

What is the question? Are you being restricted from renting a unit you own in a condo association? To determine your rights, you would need to review the by-laws and any subsequent changes. If the other parties have been grandfathered in, there should be some documentation as to when and how... View More

1 Answer | Asked in Land Use & Zoning, Landlord - Tenant and Real Estate Law for Illinois on
Q: Im a tenant the property owner has city violations and is unresponsive to court orders to comply

the city may order to vacate what are my options? I need housing and they are trying to force my family out in 2 weeks

James G. Ahlberg
James G. Ahlberg
answered on Feb 27, 2018

I don't mean this to sound harsh, but about all you can do is find a new place to live as quickly as possible.

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