Publications

Articles on Real Estate Law

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.

Correspondence from Our Readers

June
2001
Column
Page 278
Real-estate practice: too little fruit, too much labor?

The Lawyer’s Journal

By Bonnie C. McGrath
June
2001
Column
Page 282
Knock-off alert for real estate contract; new Supreme Court Rule 99; time is money, and thus compensable; and more.

Enforcing Judgments Against Real Estate in Illinois: A Step-By-Step Guide

By Raymond J. Ostler
May
2001
Article
Page 234
A guide through the levy-sale process, including a newly effective law governing court approval of levy sales.

Correspondence from Our Readers

April
2001
Column
Page 162
Helping property taxpayers with reductions: not necessarily UPL?

The Lawyer’s Journal

By Bonnie C. McGrath
April
2001
Column
Page 166
Police can keep suspects out of their own homes; adoption by one spouse only; arbitration clauses and fee agreements; and more.

The Lawyer’s Journal

By Bonnie C. McGrath
March
2001
Column
Page 112
Real Property Disclosure Act; legal department summon(s)ed in error; questions of law now collaterally estoppable; and more.

Correspondence from Our Readers

February
2001
Column
Page 54
Credibility gap.

Property tax relief and pharmaceutical assistance

February
2001
Illinois Law Update
Page 60
On November 20, 2000, the Illinois Department of Revenue (department) adopted amendments to section 530 of the Illinois Administrative Code. 86 Ill Adm Code 530.

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