Subject Index Real Estate Law

Material Defects

By Michael J. Rooney
July
2022
Article
, Page 22
Revisions to the Residential Real Property Disclosure Act bring clarity and resolve textual conflicts.

A Firefly Is Not a Fly Made of Fire

By Lauren Riddick
December
2021
Article
, Page 24
The incorrect characterization of a mortgage foreclosure filing precondition as a “condition precedent” has resulted in a stricter standard of compliance for lenders than should be required.
2 comments (Most recent April 27, 2022)

Condominium association’s restrictive covenant bars short-term Airbnb rentals

October
2021
Illinois Law Update
, Page 14
The plaintiff filed a complaint against her condominium association and its acting president who prohibited her from operating her condominium unit as a short-term rental on Airbnb on the basis that the condominium declarations barred short-term rentals.

Selling Land Owned With No Survivorship

September
2021
Article
, Page 10
Using bond in lieu of probate for transferring title.

A Promise of Clear Title

By Philip J. Vacco
March
2021
Article
, Page 34
Transferring marketable title using special warranty deeds for residential real estate transactions.

Full interest in real estate may be transferred despite missing signature from partial owner

February
2021
Illinois Law Update
, Page 14
On Nov. 18, 2020, the Second District of the Illinois Appellate Court held that full interest in real estate may be transferred without the signature of all owners of the property, provided that a meeting of the minds exists.

Construction engineering firm has duty to disclose housing conditions to purchasers

January
2021
Illinois Law Update
, Page 14
On Sept. 30, 2020, the First District of the Illinois Appellate Court reversed a circuit court’s judgment dismissing a complaint that alleged negligent misrepresentation on the part of a construction engineering firm for failure to state a cause of action.

Old Wine in New Cases

By William J. Anaya
January
2021
Article
, Page 34
A primer on settled law associated with modern real estate transactions.

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.
1 comment (Most recent May 13, 2019)

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.'"

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