Illinois Bar Journal


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Articles on Real Estate Law

Green-sheet blues By Helen W. Gunnarsson March 2003 LawPulse, Page 110 For purposes of calculating real estate transfer taxes, the "consideration" paid for a new house equals the original contract price and; whether your homeowner client likes it or not; the extras added later, real estate practitioners argue.
New guidelines created governing home loans P.A. 92-0531 March 2003 Illinois Law Update, Page 116 Recent amendments to the Deposit of State Moneys Act (15 ILCS 520/7) now permit approved financial institutions to place the interest earned by deposited state moneys in a separate account.
The “Religious Purposes” Property Tax Exemption and the First Amendment By James W. Hilliard October 2002 Article, Page 549 Here's how taxing authorities can determine whether property is being used for religious purposes without impermissibly inquiring into religious beliefs.
The truth about mold By Helen W. Gunnarsson October 2002 LawPulse, Page 506 If you practice real-estate law, it's time you learned the moldy facts.
Representing Home Buyers in Post-Caveat-Emptor Illinois By John O’Rourke August 2002 Article, Page 421 The impact of seller-disclosure law on Illinois residential real-estate practice.
Correspondence from Our Readers July 2002 Column, Page 334 Put family first.
Uncle Sam sidesteps tenancy-by-the-entirety restrictions By Helen W. Gunnarsson July 2002 LawPulse, Page 338 A recent U.S. Supreme Court case holds that tax liens against one spouse attach to property held in tenancy by the entirety by both spouses, putting the IRS in a better position than other creditors.
A Primer on Eminent Domain By Jack H. Tibbetts June 2002 Article, Page 313 An outline of the procedural requirements and recent cases.
Supreme Court Review 2001: Getting to Know the New Court By Nancy T. Arnold, Tim Eaton, and Michael T. Reagan May 2002 Article, Page 236 A look at the first year's output of the newly reconstituted supreme court.
Legislation prescribes insurance requirements for condominium associations; P.A.92-0518 April 2002 Illinois Law Update, Page 176 In January, Gov. Ryan signed into law Senate Bill 1046 amending the Condominium Property Act by replacing certain provisions of the Act pertaining to insurance for condominium associations and risk pooling trust funds for condominium associations or common interest community associations. Under the new law.
A new law makes tenancy by the entirety easier By Helen W. Gunnarsson April 2002 LawPulse, Page 168 Thanks to recent legislation, lawyers can create this under-appreciated form of ownership for their married clients without expressly stating in the deed that the parties are husband and wife.
IRPTA; goodbye and good riddance By Helen W. Gunnarsson March 2002 LawPulse, Page 114 Real estate lawyers applaud the demise of the Illinois Responsible Property Transfer Act, which they say produced useless paperwork and little else.
Buyers of condominium units did not waive implied warranty of habitability when disclaimer in sales contract did not contain the phrase “implied warranty of habitability” February 2002 Illinois Law Update, Page 66 On November 21, 2001, the Illinois Supreme Court reversed the appellate court's affirmation of a motion to dismiss brought by condominium unit sellers.
The estate of homestead is a permissible defense to a forcible entry and detainer action by a condominium association seeking possession and money damages for back maintenance assessments on a condominium unit February 2002 Illinois Law Update, Page 66 On November 26, 2001, the Appellate Court of Illinois, Second District, reversed the decision of the trial court, holding that an estate of homestead is a defense to a condominium association's forcible entry and detainer action against a condominium owner who owes back assessments to the association.
New Legislation: Real-Estate Roundup By Helen W. Gunnarsson February 2002 LawPulse, Page 62 Real estate; they're not making any more of it. But that doesn't mean they aren't passing new real-estate-related laws.
Correspondence from Our Readers December 2001 Column, Page 614 Direct questioning by lawyers; the way it used to be.
Potential Legal Pitfalls in Condominium Development By Brian K. Kozminski December 2001 Article, Page 655 A legal roadmap for Illinois condominium owners.
Don’t Let Your Client Be Labeled a Predatory Lender By Mavis W. Kennedy November 2001 Article, Page 595 A review of federal and state predatory-lending laws, including new regulations from the Illinois Office of Banks and Real Estate.
Legislation authorizes sale of a decedent’s real estate on the Internet; P.A. 92-097 November 2001 Illinois Law Update, Page 568 In July, Gov. George H. Ryan signed legislation amending the Probate Act of 1975.
Property Owners and the Statute of Repose for Design and Construction Defects By Thomas J. Bamonte and Edward C. Snow November 2001 Article, Page 586 Illinois courts are divided about whether property owners should get the full protection of the statute.
Correspondence from Our Readers October 2001 Column, Page 506 Moorman memories.  
General Contractors and Subcontractors’ Insurers: The Additional-Insured Provision By John H. Mathias, Jr. and Timothy W. Burns October 2001 Article, Page 526 When can a general contractor rely on its subcontractor's insurance instead of its own? This article examines recent case law.
Housing discrimination October 2001 Illinois Law Update, Page 516 On July 17, 2001, the Illinois Department of Human Rights adopted amendments to section 2300 of the Illinois Administrative Code. 71 Ill Adm Code 2300.
Legislation amends Joint Tenancy Act P.A. 92-136 October 2001 Illinois Law Update, Page 516 Gov. Ryan recently approved legislation amending the requirements for creating a tenancy by the entirety.
The De Minimus Rule for Premises-Liability Cases By Timothy J. Harris September 2001 Article, Page 485 The rule protecting property owners is being limited by exceptions.
The Lawyer’s Journal By Bonnie C. McGrath September 2001 Column, Page 450 Two years and time's up for legal malpractice; nightshift-assignment doesn't constitute sex discrimination; and more.
Real-Estate Resources on the Internet for Illinois Lawyers By Adria P. Olmi September 2001 Column, Page 495 A compendium of Web-based resources, many of them free, of special interest to real-estate practitioners.
Park Before You Reverse: A Short Tour of the Reverse-Exchange Process By Scott Nathanson August 2001 Article, Page 427 Reverse exchanges allow real estate buyers to enjoy tax advantages even if they buy their new property before they sell.
When Bad Fences Make Litigious Neighbors: The Illinois Fence Act By Jeffrey A. Mollet August 2001 Article, Page 429 When the boundary fence can't contain the cows, who has to pay to fix it?
The Lawyer’s Journal By Bonnie C. McGrath July 2001 Column, Page 338 Golfers in the (legal) news; capital punishment and the mentally retarded; and more.