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Illinois Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law and Environmental for Illinois on
Q: How long do we have to sue the previous home owner if we suspect they knew about mold in the home?

We have been in the home for about a year and a half (2 years at the end of August) and my children and I are starting to have respiratory and other issues that we believe may be because of airborne mold due to water damage that we believe the previous home owner covered up and then we uncovered... Read more »

Robert Shipley
Robert Shipley answered on May 18, 2020

Based upon your description, if water damage/water infiltration issues are present and that history was denied by the seller, there may be an action for fraud and depending on the nature of the sale, for violations of the Consumer Fraud Act. The real estate contract must be reviewed as well as an... Read more »

2 Answers | Asked in Real Estate Law for Illinois on
Q: i am selling house, i am only one on title. on selling documents realtor put me and my wife as seller, is it ok

should i ask for my wife to be removed from selling documents since i am only one on title to make things easier, and if she is on agreement as a seller can it make it more difficult for tax paperwork (or anything else like that)

Kori Maria Bazanos
Kori Maria Bazanos answered on May 13, 2020

If this is your principal residence, your wife has homestead rights in the house and she will need to release those rights on the deed. You should hire an attorney to represent you with this transaction, and that attorney can explain these homestead rights more fully to you.

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1 Answer | Asked in Estate Planning and Real Estate Law for Illinois on
Q: Father and mother bought a house together. She passed away and father re-married. They lived at 2nd wife’s residence.

2nd wife never lives nor contributed to the family home. Father passed away. Sister lived and paid all the bills at the fam. home, but she recently passed away. When selling the property does 2nd wife has the right to the 50% when we sell?

Robert Shipley
Robert Shipley answered on May 13, 2020

Who holds title to the family home? Did your mom have a will? Was the property held by a trust, individually in either your mother or father's name, jointly by both of your parents or in some other manner.

Those questions must be answered. When did you mom pass away and was a...
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1 Answer | Asked in Real Estate Law for Illinois on
Q: Can the property manager be liable for the typo error that they have made and can I ask for financial damage?

In 2012 when I brought my condo the HOA fee was 274.55 which was stated on my PA(Paid Assessment Letter), The property management company continue to send statements, bill me at 274.55, and accepted the 274.55 HOA amount in 2012 and 2013. In 2014 the condo management discovered there was a typo... Read more »

Robert Shipley
Robert Shipley answered on May 11, 2020

765 ILCS 605/9(f) of the Illinois Condo Act provides: Payment of any assessment shall be in amounts and at times determined by the board of managers. If the assessment increased, as is often the case, then the unit owner is required to pay the new amount. So if I understand the question, the... Read more »

1 Answer | Asked in Real Estate Law and Tax Law for Illinois on
Q: i a have a tax lien on my home from my ex husband that he owes the IRS for $35000 and i cant get it off and he wont pay

i was divorced in 2014 and tried to refinance my home in 2015 and this is when i was told about the liens on my home. i have been trying to get him to pay for them or make arrangements but he refuses. i had tried to get my divorce lawyer to have him held in contempt of the court order but, she was... Read more »

Linda Simmons Campbell
Linda Simmons Campbell answered on May 10, 2020

Unfortunately this is a problem that will likely require the assistance of an attorney. Most of us offer a free consultation. Just stay away from the places you see advertised on TV.

1 Answer | Asked in Real Estate Law for Illinois on
Q: Chicago: A signed lease states that the security deposit will be returned w/out interest, is a renter able to demand it?

We are landlords in Chicago, our renters are asking for interest on their security deposit. In our lease, which they signed, it says in a paragraph under the security deposit section and stated amount: "Interest and Security Deposit. In accordance with Illinois law, (765 ILCS 715/1, 715/2) and... Read more »

Robert Shipley
Robert Shipley answered on May 9, 2020

The lease would be subject to the Chicago Residential Landlord Tenant Ordinance (RLTO), which requires interest to be paid on the security deposit. The Illinois statute cited in the lease does not apply to buildings of the size you describe. The RLTO is a very Tenant favorable ordinance and case... Read more »

1 Answer | Asked in Real Estate Law for Illinois on
Q: Condo has rules against smoking on balconies. The association is not enforcing this rule. What can be done about it.

Person below me has been smoking cigars on his balcony for the past year. When I ask what was done regarding the violation forms that I filled out (7 of them), I was told that it was between the violator and the board, basically none of my business even though I made the complaint. Per 765 ILCS... Read more »

Robert Shipley
Robert Shipley answered on Apr 28, 2020

I would recommend that you review the Condo Declaration and the Rules/Regulations of the Association to find additional support for your complaints. Then put your complaint in a separate letter, detailing the history, and referring to the applicable sections of the Declaration and... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Illinois on
Q: Good day, I was wondering if there was a way i could get an extension on my lease and not have to move out during thi

lock down period since i have an underlying conditions

Robert Shipley
Robert Shipley answered on Apr 23, 2020

You do not describe if commercial or residential, but I am assuming residential based on your description. I would recommend that you review the lease and examine if there are any clauses or provisions regarding an extension of the term of the lease. Even if there are no specific provisions... Read more »

2 Answers | Asked in Real Estate Law for Illinois on
Q: Can I get my earnest money refunded?

I bought a house in the second week of March and the sellers and I agreed to close on May 13. Now the sellers are wanting to extend the close to June 15 because they can’t find a home to buy or rent and are using the Coronavirus pandemic as a reason not to close in May. Can I cancel the deal and... Read more »

Robert Shipley
Robert Shipley answered on Apr 22, 2020

The Answer to your question is dependent upon the terms of the contract. That should be reviewed to determine what options are available when there is non-performance by the seller. Also what provisions, if any, which specifically relate to the current COVID environment. It would be best to consult... Read more »

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1 Answer | Asked in Real Estate Law for Illinois on
Q: I signed a contract for condo in PR w/ earnest $ in Feb 2020 BEFORE Covid. Can I cancel w/o penalty (lost wages)
Drew Ball
Drew Ball answered on Apr 17, 2020

It depends on many facts that you have not provided in your question. Also, an attorney needs to review your contract before advising you accurately on whether or not you can terminate the contract. I would highly advise you to immediately contact an attorney to discuss your options as the longer... Read more »

2 Answers | Asked in Products Liability and Real Estate Law for Illinois on
Q: HOA Building (balcony) maintenance

Hopefully, you're all safe at this time. I have a question regarding who is responsible for paying for the maintenance cost in the buildings? For Example, we own the condo but the balcony ( which is what people use to enter their house) needs to ger repair on the second floor all over the... Read more »

Robert Shipley
Robert Shipley answered on Apr 17, 2020

You should review the Condo Declaration which should define the limited common elements.

The Act provides that the Association shall be responsible to maintain, repair and/or replace the common elements on the property. As the limited common elements are defined under the Act as a portion...
Read more »

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1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Illinois on
Q: Any rights and what to do?

Living in home with owner since 2014. Verbal agreement to be her caretaker and pay utilities and upkeep of home. All utilities in her name but paid out of my bank account. Notarized letter of residency w/ mine and her signature for schools for my children to attend each year. She passed away... Read more »

Nina Whitehurst
Nina Whitehurst answered on Apr 13, 2020

According to your own recitation of the facts, the verbal agreement was premised, at least in part, on you being her caretaker. Now that she is deceased, the verbal agreement to stay and serve as her caretaker is ended. You have the option of either vacating or negotiation a rental agreement... Read more »

1 Answer | Asked in Divorce and Real Estate Law for Illinois on
Q: We agreed to sell the house in Moline at the time if the divorce,(08/09/2012). Need house sold and back rent.

We agreed to sell the house property in Moline at the time if the divorce,(08/09/2012). Included was a clause in the divorce degree that he would pay me rent if home wan NOT sold with in a 2 year period, by 08/09/2014. He has not sold the home or paid me any rent. He is still residing in the home... Read more »

Marilyn  Johnson
Marilyn Johnson answered on Mar 18, 2020

You need to file a Petition for Rule to Show Cause as to why he should not be held in contempt of court for violating the judgment. There are two issues . The first is that he failed to sell the house within the two year period. The second is that he failed to pay you the rent. This pleading should... Read more »

1 Answer | Asked in Real Estate Law for Illinois on
Q: who pays for Chicago Law Bulletin, Law group or their client?
James G. Ahlberg
James G. Ahlberg answered on Mar 2, 2020

If it is a subscription to the Bulletin, the law firm should pay. If it is a legal notice pertaining to a client's case, typically the law firm pays and is reimbursed by the client.

1 Answer | Asked in Real Estate Law for Illinois on
Q: I went to go to the contest of selling my grandmother's property the judge was not in so I made

The judge and told me that already been sold and I tried to contest the shell but he didn't care

James G. Ahlberg
James G. Ahlberg answered on Feb 19, 2020

It isn't clear what your question is. I suggest you make an appointment with a lawyer so her or she can figure out your question and what to do about it.

1 Answer | Asked in Real Estate Law for Illinois on
Q: In Ill, if i am 1/3 owner of a property but have been paying 100% of the property taxes can i force to sell?
James G. Ahlberg
James G. Ahlberg answered on Feb 6, 2020

Yes. You need to talk to an Illinois attorney about filing what is called a partition action.

1 Answer | Asked in Probate, Estate Planning and Real Estate Law for Illinois on
Q: My Mother and Grandfather were on the deed to the home. Both passed with not court recorded will.

My mother and Grandfather were on the deed to the home. Both passed over 7 years ago. My father-in-law (mother's husband by law) was not on the deed or successor and stayed in the home which was not an issue. He passed 10 months ago and the home is now vacant. My mother wrote her wishes down... Read more »

James G. Ahlberg
James G. Ahlberg answered on Jan 29, 2020

The answer to your question is far too long and complex for this means of communication. Make an appointment with a lawyer who handles estates. Bring all the documents you can find that are related to the situation to the appointment for the lawyer to review.

2 Answers | Asked in Estate Planning and Real Estate Law for Illinois on
Q: Can my grandmother sell a house in Puerto Rico that is willed out to me and my sister by my deceased grandfather.

Can she change his will and sell the house herself ? They only had one son, my father and he is deceased also.

Nina Whitehurst
Nina Whitehurst answered on Jan 23, 2020

If the entire interest in the house was owned by your grandfather at the time of his death, and if he left it to you and your sister in his will, then it should already be titled in your name and your sister's name. If it is not, then either it was not in fact left to you and your sister or... Read more »

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1 Answer | Asked in Estate Planning and Real Estate Law for Illinois on
Q: What happens if original will states one thing, but decedent changes his mind but it wasn’t recorded?

My father in law passed away (in IL) over thirty days ago. In the original will it stated his home was to be sold and split among the heirs. A couple months prior to his passing he stated he wanted my husband to have the home, which my husband agreed to (it is not paid off). My husbands name was... Read more »

Bryan R. Bagdady
Bryan R. Bagdady answered on Jan 22, 2020

When you state that your husband's name was added to the deed, what exactly do you mean. As a general principle, the will governs the disposition of the decedents property as that property exists at the time of death. If your father-in-law conveyed and properly recorded the deed of conveyance... Read more »

1 Answer | Asked in Employment Discrimination, Employment Law and Real Estate Law for Illinois on
Q: I feel that I was wrongfully terminated from my job as an independently contracted leasing agent. What are my rights?

I feel that I was misclassified as an independent contractor in the first place but I know things get blurry in the realm of real estate: does this change anything? I also believe that I was terminated on grounds that were discriminatory and retaliatory but I am unfamiliar with my rights since I... Read more »

James G. Ahlberg
James G. Ahlberg answered on Jan 22, 2020

You're asking the right questions. The problem is that you need to schedule an appointment with a lawyer well-versed in employment law who can develop the information necessary to answer them by speaking with you. No one can provide you useful advice on the scant information provided.... Read more »

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