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Illinois Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Illinois on
Q: Home closing is being delayed by the buyer because of a obama trade law? I think the sellers agent isn't being truthful

Owner is moving out of state and can't leave without the money from closing. Need answers and owner agent not helping. Thank you.

Ray Choudhry
Ray Choudhry
answered on Jun 7, 2017

Owner agent doesn't get paid until closing. There is no reason why he should delay.

Must be some hang up.

Could be lots of things.

You have a right to close on date that was put in offer to purchase unless they give reasons.

1 Answer | Asked in Real Estate Law for Illinois on
Q: My ex and I purchased a home together, its in both our names. She won't refinance in her name but I want my name off

What legal action can I take?

Vincent Gallo
Vincent Gallo
answered on Jun 7, 2017

You can initiate an action in partition which is a forced sale of the real estate. That may just wake her up into resolving this matter with you.

1 Answer | Asked in Real Estate Law for Illinois on
Q: Bank renegues on giving free and clear land title

Purchased property from Maine land developement company by sales agreement stating free and clear title upon payment. Company went belly-up and returned land back to bank Bank was his lien holder) ban offered me a mortgage on the land with all original sales agreement terms. Land is paid in full... View More

Ray Choudhry
Ray Choudhry
answered on Jun 7, 2017

If you signed an offer to purchase with the bank, check to see what kind of deed you were to receive.

1 Answer | Asked in Real Estate Law for Illinois on
Q: My house is sold at auction on the courthouse steps I was told there was a Redemption. How long do I have to file

What is the time period of the Redemption and how much do I have to have to be able to get it started

Ray Choudhry
Ray Choudhry
answered on Jun 6, 2017

Usually, if it's sold, redemption period was over.

1 Answer | Asked in Foreclosure and Real Estate Law for Illinois on
Q: Hello, I am being asked to pay a lien from last owner. Need help to avoid foreclosure!

I purchased a house last year in DuPage county sheriff's auction. At the time judge sent notices to stakeholders to respond and since no one responded in a timely manner, judge turned the title to my name. Now, a year later, a lender is coming after me and is threatening to foreclose on... View More

Ray Choudhry
Ray Choudhry
answered on Jun 4, 2017

The quick and easy way to get to the bottom is to have a title company do a title search.

1 Answer | Asked in Contracts, Real Estate Law and Small Claims for Illinois on
Q: We just purchased a home and our A/C was broken the first time we tried to use it. Can we take the seller to court?

We purchased our home April 20 2017. We had a home inspection maybe 2 weeks before. During the inspection, it was not warm enough to test our A/C units (According to our inspector). (we have 2 1.5 ton units) it was probably about 70 degrees in the home at the time. Our inspector told us the units... View More

Ray Choudhry
Ray Choudhry
answered on Jun 2, 2017

Take a look at the property disclosure form.

1 Answer | Asked in Real Estate Law for Illinois on
Q: My association charged me for a paid assessment letter even though the sale did not go through

Last year I Had a contract to sell my townhouse but the potential buyers backed out last minute due to loan issues. The association provided me with a paid assessment letter and a charge of $300. But as the sale never went through, the fee was not paid as there was no closing. I rented my house... View More

Ray Choudhry
Ray Choudhry
answered on May 24, 2017

Check the Association By-Laws.

If it's a big association, odds are they know what they are doing.

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Illinois on
Q: Can I back out of a commercial lease contract within a certain amount of time
Steve McCann
Steve McCann
answered on May 22, 2017

The answer to your question depends on the specific facts that are not provided here, such as the language in the contract and the reasons you wish to back out of the lease. I would recommend organizing the contract and all other information relevant to this situation, and consulting with an... View More

1 Answer | Asked in Real Estate Law and Probate for Illinois on
Q: I live in Ilinois and need to file as executor of an estate before everything goes south.What are my cheapest options?

Do I have to file with an attorney or can I do this myself?

Ray Choudhry
Ray Choudhry
answered on May 18, 2017

There is no legal requirement to employ an attorney to probate an estate.

It is quite a complex procedure. That is why executor's hire an attorney.

The attorney's fees are paid by the estate.

1 Answer | Asked in Real Estate Law and Probate for Illinois on
Q: I lived my grandmother for 7 years

she put her house in my aunts name now that she has passed away my aunts kids want to claim things of hers (my grandmothers) when I'm home they come in without knocking & just take stuff 1 is that legal 2 its it a civil matter that police would not handle I don't think they deserve... View More

Ray Choudhry
Ray Choudhry
answered on May 17, 2017

From what you say, the house belongs to the aunt.

She can let in whoever she wants.

As to your grandmother's things, if she had no will, they go her heirs.

1 Answer | Asked in Real Estate Law for Illinois on
Q: I own a mobile home in Carroll County, Illinois. It has been at this location for about 37 years.

I am not sure when but they changed the zoning. Can the county force me to remove my mobile home?

Ray Choudhry
Ray Choudhry
answered on May 8, 2017

Check to see if your mobile home is grandfathered in.

2 Answers | Asked in Real Estate Law and Land Use & Zoning for Illinois on
Q: What does this mean?

No building or any other objects may be erected

closer to the front line of the lot than the back building line of the principal dwelling on any lot.

Does this mean if we wanted to build an outbuilding, the front of it could be no further forward than the back of our house?

Vincent Gallo
Vincent Gallo
answered on Apr 30, 2017

This is referred to as a setback line restriction. It involves zoning restrictions that are intended to maintain uniformity in neighborhoods.

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1 Answer | Asked in Estate Planning, Probate and Real Estate Law for Illinois on
Q: if my mom passed away and the land trust is in my name does it have to be re-titled in to all my siblings names?

I've been in the home with my mom for 23 years and took care of my bedridden mom for the last 5 years. Now that she died, the day after the funeral my siblings came over and want me out to sell the house and want the land trust put in their names too and not just mine. They originally said... View More

Ray Choudhry
Ray Choudhry
answered on Apr 26, 2017

Land trust has a trustee and one or more beneficiaries.

What does the trust say as to who is the beneficiary.

It it's you, then you own the house and the siblings have nothing to do with it.

If the house has to be probated, you have a claim for taking care of your...
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2 Answers | Asked in Real Estate Law for Illinois on
Q: My HOA is telling me that I can not sell untill I put wall in the kitchen. I purchased condo without wall what to do?

I have disclosure statement that is signed by HOA when i purchased condo witch is stating that there is no alterations or improvement needed

Ray Choudhry
Ray Choudhry
answered on Apr 26, 2017

Need more information.

Maybe the law now requires it.

Or, the Rules may have been amended.

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1 Answer | Asked in Real Estate Law for Illinois on
Q: Can active realtor also serve as a property manager?

I actively use my realtor's license , can I also be a program manager, serving as property manager to National Housing Corporation managed facilities without live-in House Directors, and provides oversight and support to independently managed House Corporations and Chapter Property Committees?

Steve McCann
Steve McCann
answered on Apr 25, 2017

Yes, an active realtor can also serve as a property manager so long as there are no other conflicts with current and/or prospective clients that could compromise your loyalty to one client or the other. If you believe you may have some of the same clients on both sides, I would recommend... View More

1 Answer | Asked in Real Estate Law for Illinois on
Q: Can a buyer of resindential property back out of the deal for any reason before closing?

The sellers agreed to a fha203k (construction loan) and this takes more time than the typical 30 days. We went through the process of the inspection and appraisal with the intent of purchasing the home but now my wife has to be in a different state for work and therefore we cannot purchase a home... View More

Steve McCann
Steve McCann
answered on Apr 19, 2017

The answer to your question depends on very specific facts that are not provided here. To answer your general question, no you cannot back out for any reason, but there may be some valid reasons. The seller certainly can come after you for more than just the earnest money, and it is likely they... View More

1 Answer | Asked in Real Estate Law for Illinois on
Q: What can I do if I signed a contract with a buyer for my home and now they want to terminate the contract.

There have been no problems with any home inspections. The buyer listed as their reason to want to terminate the contract as "It is unprecedented to pay 11,500 over asking price in this town". I had multiple offers on the house and took the best one. I keep thinking maybe I should just... View More

Vincent Anthony Incopero
Vincent Anthony Incopero
answered on Apr 3, 2017

If you are dealing with a contract that provides for an attorney review period, typically the purchaser can terminate for any reason other than the sale price alone. It is not unprecedented, especially in a Seller's market/low inventory market, for parties to pay more than the appraised value.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Illinois on
Q: What lien to file

My neighbor built an improvement of their home on my property.

Steve McCann
Steve McCann
answered on Apr 3, 2017

There are a few different ways you can go about it, but it is impossible to provide a comprehensive answer to your question based on the limited facts provided. What is the improvement, and have you obtained a recent survey to know for certain it is on your property? In any event, I would... View More

1 Answer | Asked in Real Estate Law and Construction Law for Illinois on
Q: Can i break a contract with a contractor after he has done something illegal?
Steve McCann
Steve McCann
answered on Apr 3, 2017

It is possible, but an attorney would need more information in order to provide you with a comprehensive evaluation of your situation, as it depends on the specific illegal act that was performed by the contractor. I would recommend organizing all information relevant to this situation, and... View More

1 Answer | Asked in Real Estate Law for Illinois on
Q: I have a mortgage in my name, but the deed is in both our names. We are breaking up and he wants to stay in house

We have been together for 7 years, engaged for 3

Vincent Anthony Incopero
Vincent Anthony Incopero
answered on Apr 1, 2017

In short, you need to sell him your interest in the home, payoff the existing mortgage and you should retain an attorney to assist one or the both of you.

To properly protect yourself, he should purchase your interest in the property and get a mortgage to buy you out (pay off the mortgage...
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