Illinois Bar Journal

Articles on Real Estate Law

Buyers Want to Visit the Sellers’ Home Before Closing

August
2020
Article
Page 18
Buyers and their remodeling contractor want to visit the sellers’ home before closing.

Full Disclosure

By Joseph E. Rubas
October
2019
Article
Page 40
How to advise clients about property disclosures, repairs, and discovered defects.

Power to the Condo Unit Owner

By Ellis B. Levin
September
2019
Article
Page 34
Justice Neville’s final appellate court decision has recalibrated the balance between the rights of condominium-unit owners and the obligations of condominium officers and board members.

Primarily residential properties not exempt from municipal code property transfer tax

September
2019
Illinois Law Update
Page 14
On June 21, 2019, the First District Appellate Court upheld an administrative judge’s grant of summary judgment denying the plaintiffs’ claim that their property met the enterprise zone property transfer tax exemption

A Better Approach to Installment Contracts

By Gary R. Gehlbach
June
2019
Article
Page 28
The inherent disadvantages of a traditional installment contract for deed are overcome by restructuring the transaction as an outright sale with seller-provided, purchase-money financing.

Unimplied Warranty

By Rhys Saunders
June
2019
LawPulse
Page 10
Illinois Supreme Court rules that buyers of new homes can't sue subcontractors under an implied-warranty-of-habitability theory.

Water commission property exempt from the Property Tax Code

June
2019
Illinois Law Update
Page 14
The Illinois General Assembly added a new section to the Property Tax Code exempting all water-commission property from the Property Tax Code.

Rule noncompliance argument fails to reverse foreclosure

May
2019
Illinois Law Update
Page 14
The court did not err in ruling on a foreclosure involving an "outdated" affidavit specifying the efforts that a bank went through to renegotiate a mortgage.

Family Boundaries

April
2019
Article
Page 18
A husband wants his in-laws out of the house. His wife wants them to stay.

Subcontractors cannot breach implied warranty of habitability if no contract with property owner

March
2019
Illinois Law Update
Page 20
Without a contractual link between the property owners and subcontractor, the property owners cannot bring a breach of implied warranty of habitability claim against the subcontractors.

Problems Blockchain Doesn’t Solve

By Paul Peterson
February
2019
Article
Page 36
Blockchain might improve the services provided by county recorders. But its limitations need to be recognized.

Unentitled

By Rhys Saunders
January
2019
LawPulse
Page 10
Illinois Land Title Association claims Cook County Recorder of Deeds is violating the law regarding heirship documentation.

Informal pathway behind condo building not subject to the Snow and Ice Removal Act

September
2018
Illinois Law Update
Page 16
On June 14, 2018, the First District Appellate Court of Illinois held that the term "sidewalk" under the Snow and Ice Removal Act's immunity provision is limited to the part of the public street reserved for pedestrian use that borders private residential property.

Condominium Property Act does not require condo association to file suit to collect unpaid assessment from foreclosure buyer

August
2018
Illinois Law Update
Page 16
Plaintiff bought a condominium unit at a judicial foreclosure sale. Defendant demanded that Sylva pay assessments that accrued during the prior owner's ownership of the condominium.

Landlord possesses no right to recover rent due prior to its ownership of the property

August
2018
Illinois Law Update
Page 16
Plaintiff, 1002 E. 87th Street, LLC, filed a verified complaint seeking to evict defendant, Midway Broadcasting Corporation, for unpaid rent. Plaintiff also sought to collect on the guaranty signed by Melody Spann Cooper and Pierre Cooper.

Illinois class action against Zillow.com thrown out

By Matthew Hector
July
2018
LawPulse
Page 10
U.S. District Court says plaintiffs' claims do not make the case for fraudulent or deceptive practices by Zillow.

Upon leave of court, receivers may seek increased rent under lease agreements when “necessary to operate, manage, and conserve” the property

July
2018
Illinois Law Update
Page 16
The Illinois Appellate Court held that nothing in the statutory language of section 15-1704(g) of the Illinois Mortgage Foreclosure Law indicates an intent to allow increases in rent only from occupants who pay rent without a lease agreement.

Buying Foreclosed Condominiums: The Risk of Unpaid Assessments

By Julianne M. Dailey
June
2018
Article
Page 38
Despite the common belief that all prior liens are extinguished by foreclosure, condominium purchasers may learn they're liable for unpaid assessments. What's more, murky caselaw makes advising clients a challenge.

Actual notice insufficient to exercise lease option without strict compliance with method of notice

May
2018
Illinois Law Update
Page 18
On February 28, 2018, the Appellate Court of Illinois for the First District concluded that actual notice is not sufficient to exercise a lease option where a party has failed to provide timely written notice in compliance with the terms of the lease agreement.

Exculpatory clause in escrow agreement applies in claim for breach of contract

March
2018
Illinois Law Update
Page 24
Home Healthcare engaged in a real estate transaction in which it was the buyer and attorney Robin Jesk's client was the seller. Jesk served as the escrow agent.

Natural disaster credit for homeowners affected by 2017 flood

February
2018
Illinois Law Update
Page 18
The Illinois Income Tax Act has been amended to include section 226, which establishes a Natural Disaster Credit.

Nonrecord claimants in foreclosure proceedings must intervene during claims period

November
2017
Illinois Law Update
Page 20
The Illinois Appellate Court held that, in the absence of fraud or irregularity, it will "not refuse to confirm a judicial sale merely to protect an interested party 'against the result of his own negligence.'"

E-filing in the real estate realm - MyDec

By Matthew Hector
October
2017
LawPulse
Page 12
MyDec, used by 25 Illinois counties and the city of Chicago, enables lawyers to file real estate transfer tax declarations online.

Landowners need only submit a single permit application that encompasses various seasons and types of permits

October
2017
Illinois Law Update
Page 18
Several amendments were made to the "Landowner Permits" provision under the Fish and Wildlife subchapter of the Conservation Title of the Illinois Administrative Code (17 Ill. Adm. Code 528 (eff. June 28, 2017)).

Mobile homes-installed but not assessed and taxed due to untimely registration-fall within grandfather clause and are not taxed as real property

October
2017
Illinois Law Update
Page 18
Prior to January 1, 2011, mobile homes and manufactured homes were taxed as real property only if they were resting on a permanent foundation.

New law protects real estate purchasers who buy on contract

By Matthew Hector
October
2017
LawPulse
Page 12
Contract buyers don't enjoy the protection of mortgage foreclosure law. The new Installment Sales Contract Act makes them less vulnerable to predatory sellers.

Saving the Family Home: Loan Modifications and the Heirs of Deceased Mortgagors

By Matthew Hulstein
July
2017
Article
Page 36
Heirs of deceased mortgagors who were in default when they died face unique challenges in keeping the family home from being lost to foreclosure. Here's a look at the problem and how to address it.

From the Newsletters - Drone On

May
2017
Article
Page 38
If a drone flies over your backyard, is it trespassing? Invading your privacy? Do you have the right to shoot it down?

Help Clients Save on Taxes and Preserve Family Land with Conservation Easements

By George M. Covington
March
2017
Article
Page 40
Landowners can hang on to their property and, if they follow IRS requirements, get tax benefits by using conservation easements.

Property Tax Code amended to remove gap in vegetative filler strip assessment procedure

March
2017
Illinois Law Update
Page 28
This Act removes the provisions in section 10-152 of the Property Tax Code, 35 ILCS 200/10-152, which would have repealed the section regarding vegetative filler strip assessment at the end of 2016, bridging the gap in the designated assessment procedure that might have otherwise occurred between 2016 and 2017.

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