Ask a Question

Get free answers to your Real Estate Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Illinois Real Estate Law Questions & Answers
2 Answers | Asked in Real Estate Law for Illinois on
Q: How do the proceeds of the sale of a home get divided when one person put down $25,000. and the other $20,000.?

My ex-fiance's real estate attorney wanted me to sign a paper indicating the first $5000. should go to my ex. but I feel she should just get a higher percentage from the sale as we only had the home for 1 1/2 yrs. so no equity and we probably won't get what we paid for it. My ex is now... View More

Steve McCann
Steve McCann
answered on Feb 26, 2018

I recommend asking the attorney assisting you with the transaction, as he or she is in the best position to answer your question with a definitive answer. If you do not yet have an attorney, I highly recommend you hire one, particularly considering your ex-fiance has retained an attorney.

View More Answers

1 Answer | Asked in Real Estate Law for Illinois on
Q: What course of action if any can a take on someone that walked out of a mortgage?

Back in May 2012 I purchased a house with my twin brother that is in California, he was supposed to move in Sept 2012. He decided to wait and stay at his job for another year and after that had some health issues and didn't end up moving out until 2015. Well it didn't last in 2016 he... View More

Ray Choudhry
Ray Choudhry
answered on Feb 24, 2018

Doesn't look like you have much to go on.

Gift letters are sent as gifts not to become part owner.

He didn't send you a partial down payment toward the purchase.

2 Answers | Asked in Land Use & Zoning, Real Estate Law and Tax Law for Illinois on
Q: If I pay the taxes on a property I don't own, can I take ownership on the land?

The owner hasnt paid the taxes in 3 years and my family and I have been renting it the whole time. All to find out that the taxes are pass due and if not paid the property go to auction. Just trying to find out if i paid the taxes what will need to happen so i can take ownership

Steve McCann
Steve McCann
answered on Feb 19, 2018

You may be able to obtain ownership to the property through adverse possession, but an attorney must have more information prior to advising whether or not this is a possibility. This is a very fact specific determination, so I recommend organizing all information relevant to this situation,... View More

View More Answers

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Illinois on
Q: We got a 60 day notice and found a place before the end of it. Do we have to stay until the end and pay rent?
James G. Ahlberg
James G. Ahlberg
answered on Feb 9, 2018

You do not have to stay. You typically remain liable for the rent, however.

1 Answer | Asked in Real Estate Law for Illinois on
Q: I have a pending civil suit. My husband can not return to PR with me. Can I present a notarized proxy in his place

I bought a house, and am requesting my down payment back and am being denied.

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

If I understand your question correctly, you want to use a notarized document in place of your husband's live testimony. This is not permitted. The other side has a right to question every witness, and there is no way to question a piece of paper.

1 Answer | Asked in Real Estate Law for Illinois on
Q: what to do with property left in garage after 3 months

Family members left items behind in our garage and it’s been three months now. We don’t know where they live nor have they contacted us about the items left behind.

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

Were they renting from you? If so, a well-drawn lease should provide an answer to your question. If you were simply doing them a favor, your first problem is to locate them and then confront them about getting their things out of your garage.

1 Answer | Asked in Real Estate Law for Illinois on
Q: If three siblings are tenants in common on a home in Illinois and one passed away (and has spouse) how is it divided?

The property is in Illinois so please respond regarding Illinois laws. Thank you.

James G. Ahlberg
James G. Ahlberg
answered on Feb 6, 2018

Tenants in common can leave their share of the property in question to someone in his or her will. If the sibling dies without a will, and if Illinois' law of intestacy applies, it distributes the property as follows:

(a) If there is a surviving spouse but no children, 100% to the...
View More

1 Answer | Asked in Real Estate Law for Illinois on
Q: Hi, I'm 60 years old. My wife is 72 & owns the house we live in. She wants to put my name on the house before we sell

Will that be a problem if we move to Calif.? We're going to buy something less expensive. Isn't there a law about buying something more expensive with real estate up to a certain age? Thanks...

James G. Ahlberg
James G. Ahlberg
answered on Feb 6, 2018

She needs to a lawyer to get a deed drafted putting your name on the title. This is not something you should try on your own.

Talk to a CPA or a tax lawyer about the consequences of selling the home and buying a less expensive one, regardless of whether it is in just your wife's name...
View More

1 Answer | Asked in Real Estate Law for Illinois on
Q: Do I need Real estate license to wholesale properties in IL
James G. Ahlberg
James G. Ahlberg
answered on Jan 31, 2018

Yes.

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Illinois on
Q: Terminating Lease?

My roommates and I signed a lease for next year. But one of my roommates has a family issue and needs to return to Korea and is leaving in two days. Without a third roommate, my friend and I cannot afford the rent. We are searching for a third roommate to sublease to, but we are not sure if we will... View More

James G. Ahlberg
James G. Ahlberg
answered on Jan 28, 2018

Your best bet is to meet face-to-face with the landlord and explain. He or she may be willing to do something (switch you to a smaller unit, for example) or have suggestions re finding a new co-tenant. Unfortunately, "acts of God or other casualty" doesn't cover this. If you're... View More

1 Answer | Asked in Real Estate Law for Illinois on
Q: Hello, when you are living in Michigan and a have a condominium in Chicago, how do you claim it?
David Soble
PREMIUM
David Soble
answered on Jan 28, 2018

I am only assuming that you are asking for purposes of income tax reporting. You can claim only one property for a principal residence exemption. Consult with your income tax preparer.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Illinois on
Q: My neighbor of over 25 years has sent a letter from his lawyer claiming he owns 5 feet of my property

There is a fence and concrete patio and it was here before I moved here. Do they have the right to make us tear it all down?

Steve McCann
Steve McCann
answered on Jan 26, 2018

It is possible that your neighbor has the right to obtain title to the 5 feet of your property through adverse possession, assuming all of the requirements for adverse possession in Illinois have been met. However, the requirements for adverse possession are a very technical, and fact specific... View More

1 Answer | Asked in Real Estate Law for Illinois on
Q: Is it legal for an agency to list a property if it does not have a clear title? In Illinois

Family have obtained loan, paid over $1000 in fees and the day before closing the title company says the title is not clear and the house can’t be sold. Shouldn’t the listing agency have known this? This is in Harrisburg,IL not Johnston City

James G. Ahlberg
James G. Ahlberg
answered on Jan 24, 2018

The listing agency typically has no way to know this until they receive a copy of a title commitment. A title commitment often lists problems with title which the seller's attorney clears up, if possible. Alas, not every seller hires an attorney so there is no one to clear up the problems.... View More

1 Answer | Asked in Real Estate Law for Illinois on
Q: Can an attorney sell real estate without a real estate license in Illinois?
Drew R. Ball
Drew R. Ball
answered on Jan 22, 2018

In general, no one can sell real estate without a real estate license including an attorney. However, certain exceptions qualify that statement such as an attorney selling their own property, or assisting a family member if they do not receive commissions, etc.

3 Answers | Asked in Real Estate Law for Illinois on
Q: There is a lien on our house for property taxes. We want to sell the house to be able to move where we can find work.

Is there a type of sale where the buyer pays the past due taxes and pays less for the house? Or some way to get out of the hole we are in? we have absolutely nothing else.

Ray Choudhry
Ray Choudhry
answered on Jan 19, 2018

When you sell the house all liens have to be paid off unless the lienholder is willing to take a lesser amount.

The question only comes up if the sale price doesn't cover the liens.

View More Answers

1 Answer | Asked in Stockbroker Fraud, Civil Rights and Real Estate Law for Illinois on
Q: Can a listing agent refuse to go to any of her clients about my offers. Every house I like she is listing.

My realtor and listing agent are in the same office. The listing agent keeps saying I should find houses that are not hers. We have the down payment and all. She tells people I am a risk and not to take offer. She will even refuse to give my realtor the code to a house.

James G. Ahlberg
James G. Ahlberg
answered on Jan 17, 2018

Take these facts to a lawyer's office. Something is seriously wrong if a listing agent in a brokerage you ware working with is telling people you are a risk. If your realtor is telling you the listing agent says this, I would question whether the realtor is telling you the truth.

2 Answers | Asked in Banking, Civil Rights and Real Estate Law for Illinois on
Q: My mother passed away and owed money on her house what do my sister and I need to do to be able to sell it?
Vincent Gallo
Vincent Gallo
answered on Jan 15, 2018

You will, no doubt, need to pay off all of the debts affecting the house by no later than the closing date.

View More Answers

2 Answers | Asked in Real Estate Law for Illinois on
Q: HVAC issue three months after purchase. Could seller be held liable?

We bought a home 4 months ago, that had been renovated by the seller. After it became colder we realized all the rooms that had been added on have no heat going to them. There is flex duct going to each room, but it provides no heat. I believe that the seller did all the work on the home himself... View More

Steve McCann
Steve McCann
answered on Jan 12, 2018

You could potentially have a case against the seller, but a definitive answer to that question depends on very specific facts that are not provided here, such as the precise language of the contract and disclosures, as well as whether or not the seller had knowledge of the issues prior to entering... View More

View More Answers

1 Answer | Asked in Family Law, Probate and Real Estate Law for Illinois on
Q: I would like to be excluded from the proceeds of mother's house, how do I do that
James G. Ahlberg
James G. Ahlberg
answered on Jan 11, 2018

You don't provide enough details that anyone can give you a good answer. Did she die? Is it in an estate? Is she alive but selling the house with the intention of giving each of her children a share of the money? Is the house solely in her name, or is your name on the title as well? Too many... View More

1 Answer | Asked in Civil Litigation, Real Estate Law and Landlord - Tenant for Illinois on
Q: Can i exit a lease when my ex-gf has begin smoking pot illegally to my state and the community I live in?

She has begun smoking again now that we broke up. She has now brought it into the home which puts me in jeopardy of being removed from the property along with her due to HER illegal action. I've been told going to the police will just end up fining her and a slap on the wrist and then... View More

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

You don't provide the one piece of information necessary to answer the question: Is her name on the lease, or just yours? If her name is not on the lease, file a forcible entry and detainer action (commonly called an eviction) and get her out. If her name is on the lease along with yours, your... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.