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Illinois Real Estate Law Questions & Answers
1 Answer | Asked in Consumer Law and Real Estate Law for Illinois on
Q: Can house buyers refuse to cancel contract if they never responded to modification requests during attorney review?

We are selling our house and got an offer which we accepted, during attorney review period we got verbal requests through their realtor but nothing through their attorney. We also made one request to change the contract through our attorney. As of the last day of the review the buyers had not... View More

Steve McCann
Steve McCann
answered on Jul 24, 2017

Since you are currently represented by an attorney, all of your questions should be directed to him/her. If you are not satisfied with your attorney's response, then consider terminating him/her and hiring a new attorney, as this should be an extremely simple situation to rectify. I would... View More

1 Answer | Asked in Divorce and Real Estate Law for Illinois on
Q: I refinanced my home to get my ex-husband name off the loan. Because if i did he would take his name off the deed.

this was in divorce. bank refinance it in both names without my knowledge and without his signature. It this legal if so should i sue them or should it be my husband.

J. Richard Kulerski
J. Richard Kulerski
answered on Jul 24, 2017

This is a horrible error, and I cannot understand how it could have happened. It seems that there must be something that you are leaving out. I recommend that you have the lender bring it the attention of their legal department. Also, I would think that a lawyer might be helpful in straightening... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Illinois on
Q: I am on a verbal lease. What can I be billed for as far as cleaning and damages.

Verbal month to month. No written notice just asked to leave after I was upset and text we would be out end of month. I have two more months prepaid. I want to stay or get the written notice and thirty more days.

Ray Choudhry
Ray Choudhry
answered on Jul 22, 2017

Looks like you cancelled your rental agreement by giving them notice you were terminating it.

Landlord is entitled to be paid for any damage beyond normal wear and tear.

1 Answer | Asked in Real Estate Law for Illinois on
Q: If I had A Home Equity Loan go into closure, then paid it off in full 5 mo. later is this a foreclosure?

Will it effect my ability to get a mortgage today? I am looking to buy in Illionois

Ray Choudhry
Ray Choudhry
answered on Jul 22, 2017

Whether they filed a lawsuit would make a difference.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Illinois on
Q: Previous homeowner put driveway over the property line. Does new homeowner have any remedies to keep?

The previous homeowner put a blacktop driveway approximately 14 feet over the property line. The driveway was put in at least 25 years ago. The adjacent property is owned by Madison County. They are now going to remove the blacktop driveway only because it is over the line. Do I have any... View More

Ray Choudhry
Ray Choudhry
answered on Jul 21, 2017

Why not offer to buy it from Madison County.

1 Answer | Asked in Contracts and Real Estate Law for Illinois on
Q: A judge signed my name to a judgement and the sales contract and says he will sign the deed and the check is this legal

It's a partion act in Joliet Illinois I'm the defendant I disagree to the sale price and refused to sign any paperwork

Ray Choudhry
Ray Choudhry
answered on Jul 18, 2017

If a litigant doesn't do what a court orders, a judge can sign for the litigant.

Usually, it is a different judge than the one making the ruling.

If you disagreed with the court ruling, you could have appealed.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Illinois on
Q: I'm being evicted from apt I've rented for 8 yrs and discovered it's illegal is she liable to pay for me to move

I've rented for 8 yrs and tried to get repairs done so I called inspector to help me with repairs and maintenance of the apartment I was told that the apartment is illegal and I have to get out today what can I do how can she get away with this she owns custom homes business and excavating... View More

Ray Choudhry
Ray Choudhry
answered on Jul 16, 2017

May depend on why it is illegal.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Illinois on
Q: Rented incomplete unit from child of a deceased owner..claimed ownership..didn't abide by lease.can I sue her(illinois)

How can I find out who is the estate? And who do u refer that can help me start the legal process?(Illinois)

Ray Choudhry
Ray Choudhry
answered on Jul 14, 2017

Whoever owns the property is the landlord.

It may be the estate.

If the person you were dealing with was an agent of the estate, you can sue the estate.

Otherwise, you will have to sue the person you dealt with individually.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Illinois on
Q: My Landlord is requesting a doctors note stating that I have an emotional support animal. Is the ID card not enough?

I never had to show a doctors note for my emotional support animal. I personally think management is just giving me a hard time because I complained about some things in my unit, and they want to make things difficult for me and want me to get an actual doctors note and ignoring the... View More

Ray Choudhry
Ray Choudhry
answered on Jul 12, 2017

If you got the ID card off the internet, they can ignore it.

1 Answer | Asked in Estate Planning and Real Estate Law for Illinois on
Q: If I put my house in a revocable trust can I buy a condo for myself with an fha loan?
Vincent Gallo
Vincent Gallo
answered on Jul 7, 2017

Your easiest solution is to ask the lender you intend upon using and have them respond to you in writing.

1 Answer | Asked in Real Estate Law for Illinois on
Q: Property line disputes. Error on survey.

21 years ago I had a survey done on my property. 15 years ago state of Illinois took property from the entire block for road improvement (I live on a state highway). New owner next door insists my driveway is on his property and has delivery trucks use it, has started cutting my trees and burning... View More

Ray Choudhry
Ray Choudhry
answered on Jun 27, 2017

When the original survey was done, weren't pins put in.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Illinois on
Q: Quit Claim Validity..Is a quit claim valid and legal if the consideration amount recorded is fraudulent and

no financial transaction actually occured.

Ray Choudhry
Ray Choudhry
answered on Jun 17, 2017

Deeds don't normally show the consideration.

A token amount such as $10.00 is all that is needed.

Often, there is no consideration.

For example, parents gifting a house to their child.

1 Answer | Asked in Real Estate Law for Illinois on
Q: Is it legal for real estate brokers to sell houses without publicly listing them anywhere for sale?

I know many people who have been interested in houses, either foreclosed or rumored to be sold. They have attempted to contact banks and/or agents to purchase said houses, with no response. Then, with no publication of the availability of the house, it's sold. When questioned, Realtors... View More

Ray Choudhry
Ray Choudhry
answered on Jun 14, 2017

Unless there is something else going on, like red-lining, the selling broker can find a buyer any which way.

The selling broker's contract is with the seller.

1 Answer | Asked in Real Estate Law for Illinois on
Q: Selling a house that I bought with someone. Both names are on the title, but I paid for everything. Do I have to split?

We bought two years ago and we won't make any profit from the house. Just getting most of the down payment back. He doesn't live in the house anymore and never paid for anything (mortgage, utilities, repairs etc.). Do I still have to give half of the money that we get back to him?

Ray Choudhry
Ray Choudhry
answered on Jun 13, 2017

"We bought" answers the question.

Unless there is an agreement saying something different, he is half owner.

1 Answer | Asked in Real Estate Law for Illinois on
Q: Can the unlicensed owner of an IL real estate brokerage sign listing and commission agreements or must managing broker?

The one attempted answer here doesn't address the question. Hopefully the following makes it more clear: The brokerage is owned by a person not licensed in Illinois. He wants to sign the agreements on behalf of the brokerage rather than have the managing broker sign agreements such as... View More

Steve McCann
Steve McCann
answered on Jun 13, 2017

Yes, it is possible to list real estate by owner. That said, I would highly recommend consulting with an attorney prior to doing so. An attorney will ensure that the contract protects your interests, and will also assist you with the entire sales process, drafting necessary closing documents such... View More

1 Answer | Asked in Real Estate Law for Illinois on
Q: Splitting profit on sale of home?

My sister in law is purchasing a house as her primary residence. If I pay for renovation to the home and she resells in a few years, can we split the profit and how would I document that for tax purposes? Is it just a investment gain for me?

Steve McCann
Steve McCann
answered on Jun 13, 2017

Yes, you can certainly split the profit, but the logistics of doing so depends on very specific facts that are not provided here, such as who is on the deed and if there is a mortgage on the property. I would recommend consulting with an experienced real estate attorney prior to investing in the... View More

1 Answer | Asked in Real Estate Law for Illinois on
Q: My closing date has changed several times. How much notice should they give me to make preparations? 2 days won't work

I have dogs that need to be boarded and can't afford extra days and cannot five last minute notice. Can I disagree with the closing date because of all their extensions. I have had to cancel plans several times and now I have no where to live

Steve McCann
Steve McCann
answered on Jun 13, 2017

Absolutely. Is there a closing date specified on the contract? Also, are you represented by an attorney for this transaction? Assuming you are represented by an attorney, you should direct all of your questions to him or her. If you are not represented by an attorney, you absolutely should hire... View More

1 Answer | Asked in Civil Litigation, Contracts, Real Estate Law and Landlord - Tenant for Illinois on
Q: We had signed a 4 year lease but after six months we want to break it due to not proper maintence. Can/will they sue?!

We live in IL. we did sign a lease that says 60 days notice must be given. However from reading it, it says just because we gave notice we aren't out of lease. After 3 months of promising to replace the roof and other items, they have not. Our daughter is also struggling at new school so we... View More

Steve McCann
Steve McCann
answered on Jun 12, 2017

Your landlord can certainly sue if you breach the lease by failing to pay rent and/or failing to adhere to notice requirements. That said, it may be possible to lawfully break the lease, but it depends on specific facts that are not provided here, such as the location of the property and the... View More

1 Answer | Asked in Real Estate Law and Juvenile Law for Illinois on
Q: Can I live alone in Indiana at the age of 17?
Ray Choudhry
Ray Choudhry
answered on Jun 12, 2017

Check with an Indiana lawyer.

2 Answers | Asked in Criminal Law, Foreclosure, Real Estate Law and Landlord - Tenant for Illinois on
Q: Im renting this home from this lady and the house is foreclosed but the lady say I have to move what can I do

I gave her 1st month rent and security deposit and now she come to me telling me I have a week to move because she has some one that's going to pay her more money. She never gave me a lease but I have rent receipt . She said I have to be out by next week!! I'm a single mother with 4... View More

Cheryl Powell
Cheryl Powell
answered on Jun 10, 2017

I don't know where u live. U need to call legal services in your area. This is a landlord/tenant problem, not a criminal problem.

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