Morse v. Donati

Illinois Appellate Court
Civil Court
Real Estate Contract
Case Number: 
2019 IL App (2d) 180328
Decision Date: 
Thursday, August 8, 2019
2d Dist.
Du Page Co.

Plaintiffs (sellers) sued Defendants (buyers) for breach of contract arising from a real estate transaction; court awarded them $5608 plus costs, and denied their petition for attorney fees.  Sale contract, which contained short sale addendum, was for $410,000; buyers refused to close due to dispute with their lender. Plaintiffs then sold property, in short sale, to another buyer for $375,000. Collateral-source rule is not implicated, because bank absorbed the loss, and loan forgiveness was not a payment to Plaintiffs but a necessary condition for Plaintiffs to sell the property, and Plaintiffs agreed, as a condition of short sale, to walk away from transaction with zero. Contract for short sale does not relieve a plaintiff from having to prove an actual loss. (HUTCHINSON and HUDSON, concurring.)