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
1 Answer | Asked in Real Estate Law for Illinois on
Q: I need to know how to give a 3rd party access to a home I was selling on contact while I now live out of state.

I own a house in Illinois that I was selling on contact because I was moving to Oklahoma. The buyer hasn't made payment in quite sometime nor has he paid the taxes as agreed. I have been told he vacated the premises some months ago. Is there anything I need to do to allow a person acting on my... View More

Mazyar M. Hedayat
Mazyar M. Hedayat
answered on Nov 8, 2016

You state that you are selling the house under a contract (i.e. Articles of Agreement for Deed a/k/a Lease to Own). The lessee/buyer has not followed through and now abandoned the property. You wish to know if there are any steps you should take before exercising control of the property.... View More

1 Answer | Asked in Real Estate Law for Illinois on
Q: Will a, witnessed, verbal contract for deed hold up in court

The owners promissed to make all pmts on the property until August 2017. This was so I would be able to do remodeling to get the appraised value up to the amount they owe. They now tell us they cannot make the payments as agreed, and that we need to get a mortgage 9 months early, or they will sell... View More

Steve McCann
Steve McCann
answered on Nov 7, 2016

It is highly unlikely, as the doctrine of the statute of frauds will likely bar the contract you describe from being valid unless it is in writing. In any event, due to the amount at stake, I would recommend organizing all information relevant to this situation, and consulting with an attorney... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Illinois on
Q: What if my neighbor is setting off bombs on his property that are damaging my windows
Steve McCann
Steve McCann
answered on Oct 26, 2016

If your neighbors are setting off bombs and your safety is at issue, contact local law enforcement immediately. You can also file a complaint with local municipalities, and consider filing a lawsuit against them for nuisance and/or damage to your property.

1 Answer | Asked in Agricultural Law, Contracts and Real Estate Law for Illinois on
Q: We have people who farm our land, no contract just a verbal agreement. Can they come and destroy a wooded area we have?

They did not contact us beforehand. They said it was so they did not damage there equipment.

Steve McCann
Steve McCann
answered on Oct 14, 2016

Generally, the answer is no, they cannot destroy a wooded area that is on your property. However, in order to know for certain, one must review specific facts surrounding the situation. I would recommend taking pictures, and organizing all information relevant to this situation, and consulting... View More

1 Answer | Asked in Divorce and Real Estate Law for Illinois on
Q: what happens to my mortgage if i have to leave my home involuntarily because of a verbally abusive husband?

i am solely on the mortgage but my husband is on the deed along with me. if i have to leave because he won't give me a divorce- do i stop paying the bills? file for bankruptcy? i can't afford to live apart and to support him. i don't want to abandon my home, but i will for my sanity.... View More

J. Richard Kulerski
J. Richard Kulerski
answered on Oct 7, 2016

Practically speaking, the only way that he can be removed from the house is if you can prove he has violated the Domestic Violence Act.

You are in a tough situation, and you need more than this Q & A forum can provide you. I sincerely believe that you would benefit from an in-person...
View More

1 Answer | Asked in Real Estate Law for Illinois on
Q: My girlfriend bought a house and I invested money in it. Can I sew for the money I invested?

I paid closing cost and put $4000 worth of fencing up and $6000 shed. She wants me to move out. Can I sew for the money I invested.

Mazyar M. Hedayat
Mazyar M. Hedayat
answered on Sep 8, 2016

Based on your question, you should be able to sue for your investment and place a lien on the property (potentially a more effective way to go). Speak with a knowledgable local Attorney about how to make this happen.

2 Answers | Asked in Probate and Real Estate Law for Illinois on
Q: Boyfriend died. We never planned on marriage. Had a cohabitation agreement. How long do I have before I have to move?

My boyfriend moved me from WI while going through a messy divorce. He just passed away 8/12/1016. We had a cohabitation agreement. How long before the estate can kick me and my kids out?

Mazyar M. Hedayat
Mazyar M. Hedayat
answered on Sep 5, 2016

In short, the answer depends on the terms of your Cohabitation Agreement, as well as State and local laws relating to how much notice is required to evict a tenant (f that is even applicable in this case). As a baseline, generally an unwritten tenancy is deemed to be "at suffrage" and... View More

View More Answers

1 Answer | Asked in Divorce and Real Estate Law for Illinois on
Q: I am in the process of getting a divorce and my soon-to-be ex-husband wants me to somehow cosign on a house for him

before the divorce because he supposedly is being told that he cannot get a mortgage after the divorce. Maintenance and child support are considered debt and his debt/income ratio will be too high. This sounds crazy to me. Is there a way for me to legally cosign on a house and not be responsible... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 26, 2015

No there isn't. Co-signing means that you agree to be legally responsible for the debt.

1 Answer | Asked in Real Estate Law for Illinois on
Q: HOW DO YOU DETERMINE COST BASIS FOR SOME LOTS SOLD OUT OF A GROUP OF LOTS BOUGHT AT ONE TIME MANY YEARS AGO?

Most of the lots are technically in a flood plain. The sale was for 4K

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 21, 2015

Pro rate the cost. In other words, divide $4,000 by the number of lots purchased to calculate the basis for each lot. Or, if you want to be more accurate, calculate the basis for each square foot purchased, and multiply that figure by the size of each lot. You might also want to use the assessed... View More

1 Answer | Asked in Real Estate Law for Illinois on
Q: I buy property at the Sheriff's Auction in Lake County IL. When do I actually assume liability for the property?

Is it the day of purchase or the day the court confirms the sale and gives me the deed? What happens if the house is damaged before I get the deed, who is responsible? And at what point do I need insurance?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 20, 2015

You are responsible for any owner-negligence when you receive the deed. But you should have insurance immediately to protect your interest; I doubt that the sheriff or the court is insuring the property.

1 Answer | Asked in Real Estate Law for Illinois on
Q: My fence is on my property line, neighbor attached their fence to mine without consultation.Can I ask them to remove it

My fence was built before my neighbors and was built up to and on the inside of my property line. I work in 2 states. I came home last weekend to discover that a fence was built up to mine and attached. Normally not a big deal, however, they used a side of my fencing as their own, without... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Sep 22, 2015

If this is actually important enough to you, go see a local real estate attorney who will know the local set back lines and probably be familiar with similar cases in your jurisdiction. Your question requires specific knowledge to answer or time.

1 Answer | Asked in Real Estate Law for Illinois on
Q: If I bought a residential building before I got married, is my wife entitled to the building when I die

Bought building with first wife. She passed on. Want to leave building to my children.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 19, 2015

I gather that you and your first wife owned this building in common (and not as joint tenants with right of survivorship). If it was a tenancy-in-common, was your wife's estate probated? It may be necessary to probate her estate to put record-title in your name.

Whether your...
View More

1 Answer | Asked in Real Estate Law for Illinois on
Q: Is it possible to request 2 checks from the title company for the sale of a house with two siblings?

I have a quick question. I have a house under contract for $155K we should clear after costs around $142K, according to the calculators. My sister and I own the house. She has put $37K in repairs on the house and feels like she should only give my sibling and I $25K on the sale of the house... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Aug 12, 2015

Ask the title company. Does that make sense to you?

1 Answer | Asked in Real Estate Law for Illinois on
Q: Is it true if you maintain a section of property for seven years it is then yours.

If so how do you go about taking it over legally?

Ariel Weissberg
Ariel Weissberg
answered on Jun 4, 2015

In Illinois, no, the amount of time for achieving "adverse possession" is an open and conspicuous ownership for twenty consecutive years. Obviously, if you hold title to the property your ownership is more defined. There is some law that states if you have "color of title" and... View More

1 Answer | Asked in Real Estate Law for Illinois on
Q: What protection does a buyer have if the seller cancels a sale of a property already under contract at the last minute?

A friend of mine was waiting to close on a purchase of a townhouse and already had the loan approved when the seller decided to cancel at the last minute. They are upset because they were already planning to send their children to a new school, and now their plans have been disrupted. Do they have... View More

Charles Snyderman
Charles Snyderman
answered on Jul 10, 2014

It is quite unusual for a seller to back out of a deal, which raises the question what reason the seller gave. In any event, assuming that the seller did not have the right to cancel the deal, the buyer can sue for specific performance, where the court would require the seller to sell to your... View More

1 Answer | Asked in Real Estate Law for Illinois on
Q: I am currently renting a home however am not credit worthy to purchase.

The owner is willing to create a legal agreement for me to pay the mortgage and then when I am done she will sign the title over to me. Is this something that can be done? She is still paying the mortgage and lives in another state.

Charles Snyderman
Charles Snyderman
answered on Jun 25, 2014

This arrangement is not unusual, but the agreement needs to have protections built in for you. You should not sign an agreement without having it reviewed by an attorney who is looking out for you.

1 Answer | Asked in Real Estate Law for Illinois on
Q: Can a Bank prepare and record an assignment of mortgage on a second loan after seven years from the original date
J. Andrew Brabender
J. Andrew Brabender
answered on Nov 23, 2013

Generally debt and mortgages can be assigned. This is very common.

1 Answer | Asked in Real Estate Law for Illinois on
Q: Hi I am a realtor. I am listing a home for an executor of an estate. What information do I need before proceeding?
Charles Snyderman
Charles Snyderman
answered on Nov 12, 2013

One important question is who owns the property? Is it still in the estate, or did it automatically pass to the heirs upon the death of the owner? If the heris own it, the listing agreement should be signed by the heirs.

1 Answer | Asked in Real Estate Law for Illinois on
Q: I am wanting to know if it is Illegal for me to fill out real estate forms if I do not have a lisence?
Stephen Sotelo
Stephen Sotelo
answered on Apr 24, 2013

It depends. If you are filling out the forms for yourself, in your own transaction, then of course it is perfectly legal. Generally, you cannot, however, fill out real estate forms for others, not even simple fill-in the blank forms, unless you are a licensed real estate salesperson, broker, or... View More

1 Answer | Asked in Real Estate Law for Illinois on
Q: Does the small estate Affidavit have to be notarized or filed at the court house to be valid?
Neal J. Wallace
Neal J. Wallace
answered on Feb 15, 2012

The small estate affidavit does not have to be notarized. It does need to be signed "under penalty of perjury."

As far as whether you need to file it at the courthouse, it depends on what you want to use it for. Most of the time, you simply provide it to whatever institution you...
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.