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Illinois Real Estate Law Questions & Answers
1 Answer | Asked in Contracts and Real Estate Law for Illinois on
Q: What sort of contract will guarantee me compensation for money put into a house I don't own?

My boyfriend is buying a home we will live in together. The loan is VA so I can't be on the title until we are married, but I don't want to invest money into renovations if I have no legal rights to it. Is there any sort of contract we can create and sign that promises to pay me back a... Read more »

Bryan R. Bagdady
Bryan R. Bagdady
answered on Oct 24, 2022

I always counsel boyfriend/girlfriend client situations to ask themselves what documentation would they want if the other person were not your boyfriend/girlfriend. It is a mistake to think that the status of boyfriend/girlfriend has anything to do with the commercial arrangement of loaning money.... Read more »

1 Answer | Asked in Real Estate Law and Contracts for Illinois on
Q: I'm buying my house on contract and I'm late in my payment but in the contract it says I have 14 days of the notice to

Fix the default well she already has put a for sale sign in the yard and has the house on market place for sale for 20,000 and I was only paying 10,000 also have already paid 9,000 so only owe 1,000. What can I do?

Erik K Jacobs
Erik K Jacobs
answered on Oct 14, 2022

Well, Illinois law deals specifically with Installment Contracts in the Installment Sales Contract Act, 765 ILCS 67/1 et seq.

Under that Act, a purchaser who is in default has a 90-day period to cure the default before a seller can bring any sort of action against you. Further, under the...
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1 Answer | Asked in Real Estate Law and Small Claims for Illinois on
Q: Need help petitioning for surplus funds
Erik K Jacobs
Erik K Jacobs
answered on Jul 19, 2022

Are you referring to surplus funds that have been deposited with the Circuit Clerk after a foreclosure sale?

Erik Jacobs

Erik K. Jacobs | Cicero, France & Alexander, P.C.

6323 E. Riverside Blvd, Rockford, IL 61114

(815) 226-7700 |  (815) 226-7701 Fax...
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1 Answer | Asked in Real Estate Law for Illinois on
Q: Does a BPO have to disclose they were a bidder for a real estate deal.

I'm selling a house. I had received multiple offers on the same day. I had 1 come in slightly over asking and another buyer come in a-lot higher over asking. I choose the higher of the 2. The bank then did a BPO assessment. The appraiser waited till the last day of the contingency for the... Read more »

Steve McCann
Steve McCann
answered on Jul 12, 2022

Are you represented by an attorney in this transaction? If so, your attorney would be in the best position to answer your questions. If you are not, you absolutely should be. Many of us represent sellers on a flat fee that is only a few hundred dollars. As an attorney for the seller, we... Read more »

2 Answers | Asked in Real Estate Law for Illinois on
Q: We have a real estate agent who wants to cancel our contract & our relatives…

We hired a real estate agent to represent our home and my grandfather hired her to represent his home. Due to an issue between her and I, she wants to cancel our listing contract early. She also wants to cancel our grandfathers for no apparent reason. He is furious as his house has been listed with... Read more »

Steve McCann
Steve McCann
answered on Jul 12, 2022

Are the properties referenced in Illinois? If so, it is in your best interest to organize all documents that are relevant to this matter, including the listing agreement(s) with the realtor, and consult with an Illinois attorney. We can review the information, speak with the relevant parties, and... Read more »

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1 Answer | Asked in Real Estate Law for Illinois on
Q: Are buyers allowed time to back out of the accepted offer without losing the earnest money?
Erik K Jacobs
Erik K Jacobs
answered on Jul 5, 2022

The answer depends on the language in the contract. Oftentimes buyers are allowed to cancel a contract if a contingency fails. There are a number of different buyer contingencies that can be found in contracts - financing, appraisal, subject to the sale of the buyer's home, inspection, etc.... Read more »

1 Answer | Asked in Real Estate Law for Illinois on
Q: My husband has power of attorney of his father's finances. Does he need his father's signature for a quit claims deed?

There is no mortgage or liens on the property. The property needs to be rehabbed as it has mold and other issues.

Erik K Jacobs
Erik K Jacobs
answered on Jun 22, 2022

Well, this is a tricky situation. First, is your father-in-law competent? If so, then he should handle the transaction on his own. It is much cleaner that way. If he is not competent, then an important question would be "who is your father-in-law quit claiming the property to?" If it... Read more »

1 Answer | Asked in Real Estate Law and Family Law for Illinois on
Q: Back in 1997 I was married and my then husband purchased a house.

I had to sign "Solely for the purpose of waiving homestead rights" It states that right on the documents. He was the guarantor. Not me. We are divorced and have been for 22 years. He is now in default on that loan and it is coming up on my credit report. The mortgage company won't... Read more »

David Giffin
David Giffin
answered on Jun 8, 2022

Under Illinois law, married couples can be held jointly responsible for certain debts that arise during a marriage, even if only one spouse signs off on the debt. Solely waiving your homestead rights would likely not affect or limit this legal rule. Assuming you or your family lived in the home... Read more »

2 Answers | Asked in Cannabis & Marijuana Law, Tax Law and Real Estate Law for Illinois on
Q: Not allowing a w2 earning cannabis employee to use a fed. Grant is taxation without representation, correct?

I've been trying to recieve a federal grant/loan for buying a home. Down payment assistance is something my family needed, so we decided to try a USDA or FHA loan. We have been told by multiple loan officers that because of my place of employment, I cannot recieve these funds. I pay federal... Read more »

James G. Ahlberg
James G. Ahlberg
answered on Jun 3, 2022

No. Taxation without representation means that a group of people has a tax imposed on them by a government in which they had no right to elect a representative (such as a member of the Illinois House of Representatives, a state senator, a Congressman or US Senator) who could participate on behalf... Read more »

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1 Answer | Asked in Real Estate Law for Illinois on
Q: Our daughter hasn’t paid her share of the mortgage for 5 months putting us in a financial bind. What can we do?

We own the home we live in with our daughter. She is living in another state. She is refusing to pay her share of the mortgage.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on May 13, 2022

Any and all notemakers are jointly and severally liable for the indebtedness. There is no proportionate share unless some notemaker sues the other for contribution, and wins. Foreclosure is against the land and the lender can sue any notemaker for the entire debt or deficiency remaining.

1 Answer | Asked in Real Estate Law, Civil Litigation and Land Use & Zoning for Illinois on
Q: who enforces (765 ILCS 160/) Common Interest Community Association Act when the declaration and covenants aren't honored

I'm the adjacent property to a townhome association and they do not honor their obligations stated in their declaration. Specifically the sections that refer to my property being the Dominant Tenement and various zoning and municipal code ordinances that has actually caused serious damage to... Read more »

Frederick A. Lurie
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Frederick A. Lurie
answered on Apr 26, 2022

You provide only general information so one can only provide a general answer. No neither you nor the police can force the Association to furnish you with its insurance policy unless you file suit for property damage, violation of an easement or whatever wrong has been committed. The declaration is... Read more »

1 Answer | Asked in Real Estate Law and Tax Law for Illinois on
Q: I have a commercial lease which I pay a portion of the real estate taxes. Do I get to see the actual bill.

The building owner just creates an invoice of his own on quickbooks and never shows the actual tax bill, and then bills me again for a revised tax bill. Should I be allowed to see the bill and then the revised bill?

Robert Shipley
PREMIUM
Robert Shipley
answered on Mar 11, 2022

You should review the lease which should have a clause which describes how your proportionate share of the real estate taxes are calculated as well as language which provides you with the opportunity to review the tax bill as well as any other documents relied upon by landlord to pass through your... Read more »

1 Answer | Asked in Contracts, Estate Planning and Real Estate Law for Illinois on
Q: We bought a home from my dad but he passed away before being able to put it in our name. How do we transfer the deed

My dad purchased my grandmas home when she went into a nursing home and sold it to my husband and me. He died before being able to transfer the deed, how do we get the house in our name? He did not have a will and my mom and two siblings are still living. We also didn’t have a written agreement... Read more »

Erik K Jacobs
Erik K Jacobs
answered on Feb 23, 2022

In order to be enforceable, Illinois, and all other states, require that agreements for the purchase and sale of real estate be in writing. However, this is not insurmountable. First, did you pay your father for the property and can the transfer of funds be documented? More importantly, were... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Elder Law for Illinois on
Q: Uncle left house to another family member with stipulation my parents could live for set rent price for life.

My mother took care of my great uncle years ago before he passed away. He left the house she lives in, to his granddaughter with the stipulation my parents could live there for life for a set rent price. They sold the property to another company and that is not being honoured anymore. Rent has... Read more »

Charles E. Hutchinson
Charles E. Hutchinson
answered on Jan 20, 2022

If your great uncle stipulated in his will or in his trust that your parents could live in the house at a set rent price, then depending on how those instructions were worded - it is possible that your mom has a case. If this was an "understanding" not in writing, the case becomes much... Read more »

1 Answer | Asked in Real Estate Law and Probate for Illinois on
Q: My great grandmother had land in Puerto Rico and passed in the 1970s. Do we still have claim on the land?

My great grandmother had land in Puerto Rico and passed in the 1970s. She left deed to my grandma and her sister, her only children. Both passed within last ten years and we uncovered the deed to the land. What rightful claim is there to the land? We visited it and saw it was empty.

James G. Ahlberg
James G. Ahlberg
answered on Jan 11, 2022

This is a great question, but it should be asked of a lawyer licensed to practice in Puerto Rico. I strongly encourage you to do so.

1 Answer | Asked in Family Law and Real Estate Law for Illinois on
Q: If a couple is living together and is unmarried, and only one has right to possession does other person have claim?

If a couple is living together unmarried and previously one of the people purchased the house In their name, if the couple was to break up does the person without ownership have any legal claim to the property?

Erik K Jacobs
Erik K Jacobs
answered on Jan 6, 2022

The short answer is no. The property was purchased prior to the relationship and was the sole property of the person purchasing it. It is not marital property, since there was no marriage.

1 Answer | Asked in Real Estate Law for Illinois on
Q: If I purchased investment properties in Illinois before I was married does my wife have any rights to the properties?
Erik K Jacobs
Erik K Jacobs
answered on Jan 5, 2022

Unfortunately, without more information, the law is not so black and white. Like many other legal questions, the answer is maybe. Did you buy the properties outright or did you obtain a mortgage? If you bought them outright, did you ever add your wife to the title? If you had a mortgage, did... Read more »

1 Answer | Asked in Real Estate Law for Illinois on
Q: What do we do

My husband and I are in the process of buying our home. We have a verbal agreement with the owner stating “as long as we finish renovating at our expense we can come up with an outstanding payment”. We just received a letter about tax delinquencies and the house has been bought by someone else... Read more »

James G. Ahlberg
James G. Ahlberg
answered on Nov 30, 2021

You need to meet with a competent real estate attorney ASAP, within the next few days if possible. Bring every scrap of the paperwork you have regarding the property and the tax sale to that appointment.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Illinois on
Q: I'm a disabled renter who resides in a building that has been sold for taxes and the deed has been submitted to the cour

It was sold over 2yrs ago and I just found out, now the person claiming to own the property STILL wants rent and is telling me information that I know isn't true, what should I do

Erik K Jacobs
Erik K Jacobs
answered on Nov 18, 2021

If the tax buyer has just recently applied for a deed to the property with the court, then the previous owner still "owns" the property until the court deeds it to the tax buyer. When you say "person claiming to own the property" I'm not sure if you mean the person holding... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Illinois on
Q: I need to know whether to continue to pay rent where I live cause it was sold for back taxes and I'm disabled...

It was sold almost a month prior to us moving in

Erik K Jacobs
Erik K Jacobs
answered on Nov 18, 2021

First off, I'd need a little more information. Were the taxes sold? If so, you would continue to pay rent to the registered owner. The owner can always redeem the taxes by paying the arrearage and interest. Perhaps a call to the County treasurer's office would be in order. In my... Read more »

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