Illinois Real Estate Law Questions & Answers

Q: My association charged me for a paid assessment letter even though the sale did not go through

1 Answer | Asked in Real Estate Law for Illinois on
Answered on May 24, 2017

Check the Association By-Laws.

If it's a big association, odds are they know what they are doing.
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Q: Can I back out of a commercial lease contract within a certain amount of time

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Illinois on
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 attorney individually. A knowledgeable attorney will review the details, and advise you as to the best course of action moving forward.
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Q: I live in Ilinois and need to file as executor of an estate before everything goes south.What are my cheapest options?

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

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

1 Answer | Asked in Real Estate Law for Illinois on
Answered on May 8, 2017

Check to see if your mobile home is grandfathered in.
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Q: What does this mean?

2 Answers | Asked in Real Estate Law and Land Use & Zoning for Illinois on
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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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?

1 Answer | Asked in Estate Planning, Probate and Real Estate Law for Illinois on
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 invalid mother which has to be paid before anyone inherits anything.
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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?

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

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

1 Answer | Asked in Real Estate Law for Illinois on
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 will try if you backed out for no reason 10 days prior to close. I would recommend organizing the contract and all other information related to this situation, and consulting with an attorney...
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Q: What can I do if I signed a contract with a buyer for my home and now they want to terminate the contract.

1 Answer | Asked in Real Estate Law for Illinois on
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.
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Q: What lien to file

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Illinois on
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 recommend organizing all information relevant to this situation, including taking pictures and providing the survey, and consult with an attorney individually. Many of us offer free consultations, so it...
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Q: Can i break a contract with a contractor after he has done something illegal?

1 Answer | Asked in Real Estate Law and Construction Law for Illinois on
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 consult with an attorney individually for further assistance.
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Q: condo owner occupancy question in Chicago, IL

1 Answer | Asked in Real Estate Law for Illinois on
Answered on Mar 28, 2017

You will need to read the ByLaws, and any amendments, for the HOA to see if there is such a restriction/stipulation. If this is spelled out, there is not much you can do other than attempting to negotiate the amount of the fine or paying the fine outright.
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Q: Can I legally separate a parcel with a joint agreement signed and notirized. Will it hold up in court at a later date?

1 Answer | Asked in Contracts, Estate Planning and Real Estate Law for Illinois on
Answered on Mar 17, 2017

Without more information, your question cannot be answered.

Specifically, is this a large, unsubdivided parcel of land, or is it adjacent lots that make up a larger parcel? If it is a large unsubdivided parcel you would need to obtain a new plat of subdivision describing the area to be severed from the parcel at large. This plat would need to be created by a licensed surveyor and then recorded with the county. If the parcels are legally described as lots in blocks, individual lots...
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Q: Can a landlord in Illinois deny your application because he/she THINKS others will be occupying the apartment with you?

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Illinois on
Answered on Mar 4, 2017

A landlord can deny your application for a number of reasons, as long as the reasons are not a protected class (eg. race, religion, sex, age, national origin, etc.)
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Q: what does hard and soft mean for windows in a real estate contract. I took the drapes and left the blinds. did I breach?

1 Answer | Asked in Real Estate Law for Illinois on
Answered on Mar 2, 2017

I am unaware of either of the terms you have referred to, hard and soft, appearing in either of the two most common real estate purchase contracts used in the chicago metro area. If you were to provide the specific language appearing in the contract the question may be capable of answering. Did you work with an attorney or a real estate broker in the transaction? If so, you may want to start by asking either or both of those professionals as they would be familiar with the contract and would...
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Q: My tenant hasnt been paying and the eviction process is just about done now. I want to tow his car because he hasnt pai

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Illinois on
Answered on Feb 28, 2017

If and when you have been given an order of possession and the tenant has been legally and forcibly removed from the unit in question, you should contact the building management regarding the removal of the unauthorized vehicle.
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Q: Who do I contact about neighbors taking my dog out of my yard and into theirs without permission?

1 Answer | Asked in Animal / Dog Law and Real Estate Law for Illinois on
Answered on Feb 28, 2017

Contact the police if you have not given your neighbor permission to enter your yard and remove your dog. A simple "please don't do this anymore" would be a good way to begin the discussion, but if that has already happened and your requests have been ignored, you may wish to contact the police to politely deliver the same message.
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Q: If someone resides with me but is not helping financially, How do I go about evicting them legally?

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Illinois on
Answered on Feb 28, 2017

Without additional information regarding the other resident, it is very difficult to provide advice. For instance, do you rent or own the residence. Is the non contributing party a co-owner or a party listed on the lease agreement. Is there an agreement, written or oral, that the non-contributing resident is to pay rent. Only with more information can proper advice be provided.
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