Real Property

The newsletter of the ISBA’s Section on Real Estate Law

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2024 Articles

Burnett v. The National Ass’n of Realtors By Erica Crohn Minchella April 2024 The National Association of Realtors was recently handed a $1.78 billion judgment for violations of antitrust law finding that “cooperative compensation” is collusion that artificially inflates home prices.
1 comment (Most recent April 23, 2024)
Call for Articles March 2024 A call for article submissions.
Case Summary: BKA Holdings v. Sam By Jenna Kearns April 2024 A summary and analysis of BKA Holdings v. Sam, a case involving a dispute between a landlord and tenant.
Case Summary: Hundley v. WPD Management, LLC By Laura Skaar May 2024 Hundley v. WPD Management, LLC is being praised as a rare common-sense win for landlords who do not use security deposits.
Case Summary: O’Malley v. Adams By Leslie Hairston January 2024 A summary and analysis of O’Malley v. Adams.
A Case Summary: Willow Way, LLC v. Village of Lyons, Illinois By Greg Anderson March 2024 A summary and analysis of Willow Way, LLC. V. Village of Lyons, Illinois, in which the court upheld the dismissal of an action against the Village of Lyons over the demolition of a house determined to be a public nuisance.
Case Summary: Wilmington Savings Fund Society v. Herzog By Thomas M. Olson, Jr. May 2024 In Wilmington Savings Fund Society v. Herzog, the appellate court affirmed the circuit court's decision in favor of the plaintiff after analyzing the recorded release of mortgage.
CLE Reminder April 2024 A reminder to complete your CLE by June 30.
Commercial Property Insurance Policy Did Not Cover Ordered Demolition of Condominium Building By Paul Peterson February 2024 A summary and analysis of Horizon West Condominium Homes Ass'n v. Travelers Indemnity Co. of Connecticut, in which the U.S. Court of Appeals for the Seventh Circuit affirmed the dismissal of the association's suit against its insurer after the condo building was ordered to be evacuated and demolished at the expense of the association.
Electronic Notarization Is Here By Tiffany Thompson March 2024 Electronic notarization is now legal in Illinois so long as the notarization is performed by a properly commissioned Illinois electronic notary public.
The NAR Settlement: Will Buyers Really Be Forced to Pay Their Agent? By Philip J. Vacco June 2024 The recent settlement reached with the National Association of Realtors over alleged antitrust practices has some individuals heralding the end of high sales commissions, but a closer examination reveals that the death of the seller-based commission model may be a bit exaggerated.
The Negotiation Process a Government Entity Must Follow in Seeking to Acquire Private Property for Use in a Construction Project for the Benefit of the Public By Sharon Eiseman January 2024 In the typical situation where a state agency is seeking to acquire all or part of a piece of real estate that is privately owned, a negotiation process must be followed in keeping with a statutory mandate found in the Illinois Compiled Statutes.
A Note From the Outgoing Chair By Emily R. Vivian June 2024 A note of thanks from the Real Estate Section Council's outgoing chair.
Notice to Landlords of Dwelling Units January 2024 Per P.A. 103-0298, landlords must provide prospective tenants with specific information about radon.
The Odyssey by Homer and the Rescission of Contract: An Analysis of Zahdan v. Frontline Business Enterprise, Inc. By Donald Hyun Kiolbassa & Emily Holmes May 2024 In Zahdan v. Frontline Business Enterprise, Inc., the parties entered into a real estate contract for a gas station conditioned upon a second contract, which the defendant did not honor.
Practice Tip February 2024 A property tax tip to share with your clients.
Quiet Title and Installment Contracts By Michael J. Rooney February 2024 A recent quiet title case, Almazon v. 7354 Corp., illustrates some of the principles real estate practitioners need to remember.
Redlining, AI, and Economics: A Look Into the Illinois Community Reinvestment Act By Donald Hyun Kiolbassa & Emily Holmes June 2024 The Illinois Community Reinvestment Act attempts to solve the problem of providing available financing for owning appreciable property to historically discriminated groups.
Top 10 Issues a Landlord Should Consider Before Leasing to a Cannabis Tenant By Nicky Sonntag June 2024 The top 10 issues that a landlord should consider before leasing to a cannabis tenant.
What Is a Trust? Part 1: Is a Trust an Entity? By Sherwin D. Abrams February 2024 Is a trust a relationship, or is it an entity that can hold title to property and that can sue and be sued? The authorities differ.
What Is a Trust? Part 2: Does It Matter? By Sherwin D. Abrams January 2024 Is a trust a relationship or is it an entity that can hold title to property and that can sue and be sued? The authorities differ.