Publications

Section Newsletter Articles From Adam B. Whiteman

It’s time to legislate the implied remedy for 22.1 disclosure violations By Adam B. Whiteman Real Estate Law, March 2019 Summaries of two cases that discuss the ramifications of violating section 22.1(a) of the Illinois Condominium Property Act.
Constructing a bridge between the Home Repair and Remodeling Act and the Illinois Mechanics Lien Act By Adam B. Whiteman Construction Law, December 2018 A look at the significance of the Contractor’s Sworn Statement and the Home Repair and Remodeling Act.
Constructing a bridge between the Home Repair and Remodeling Act and the Illinois Mechanics Lien Act By Adam B. Whiteman Real Estate Law, October 2018 The Home Repair and Remodeling Act is a relatively underused consumer protection-oriented statute that seeks to inform homeowners of their rights and responsibilities when engaging a contractor to work on their homes.
Doing the deed: Some property-related tips for divorcing couples By Adam B. Whiteman Real Estate Law, November 2017 It is in the interests of both spouses to properly finalize property issues while the divorce proceeding is still pending.
Doing the deed: Some property-related tips for divorcing couples By Adam B. Whiteman Family Law, November 2017 It is in the interests of both spouses to properly finalize property issues while the divorce proceeding is still pending.
Keeping homeowners apprised of their rights under The Illinois Mechanics Lien Act By Adam B. Whiteman Construction Law, August 2017 Despite the protections provided in the Illinois Mechanics Lien Act, the Section 5 Contractors Sworn Statement is rarely used in a residential construction setting. The reason for this is that people (and attorneys) simply do not even know about it.
The costs of condominium documents and disclosures in condo sales By Adam B. Whiteman Real Estate Law, May 2017 There is growing concern among real estate practitioners that management companies view these charges as a gravy train in that most of the information being provided is completely automated. In light of this automated method of delivery, is a $300-$500 fee really “reasonable”?
Pouring over water certs and utility prorations By Adam B. Whiteman Real Estate Law, September 2016 Many municipalities require a water meter reading to be scheduled shortly before a closing as a pre-requisite to obtaining transfer stamps. However, City of Chicago water certifications are valid for up to 60 days. This creates a possibility that the water cert might not accurately reflect how much water is actually used prior to the closing.
Sovereign immunity and negligent inspectors By Adam B. Whiteman Real Estate Law, October 2015 A victim of defective construction recently asked the author to sue a village because the village inspector approved the defective work. Here is what the author found in researching the issue.
The resulting loss exception to the Defective Workmanship Exclusion: Are you covered? By Adam B. Whiteman Construction Law, September 2015 The First District recently issued an opinion that may help insureds determine whether they will be able to get insurance coverage for damage resulting from a cause which itself is excluded from coverage.
What’s old is now new: Application of the implied warranty of habitability to purchasers of three-year-old property—Editor’s comment By Adam B. Whiteman Real Estate Law, August 2015 Newsletter editor Adam Whiteman discusses the implications and questions brought by the recent case of Fattah v. Bim.
The resulting loss exception to the Defective Workmanship Exclusion: Are you covered? By Adam B. Whiteman Real Estate Law, July 2015 The First District recently issued an opinion that may help insureds determine whether they will be able to get insurance coverage for damage resulting from a cause which itself is excluded from coverage.
A message from the Editor By Adam B. Whiteman Real Estate Law, May 2015 A personal invitation from Editor Adam Whiteman to join your fellow Real Estate Section members for the upcoming program, "Residential Real Estate Transactions from Listing through Closing" on May 7th in Lombard.
A message from the Editor By Adam B. Whiteman Real Estate Law, April 2015 A personal invitation from Editor Adam Whiteman to join your fellow Real Estate Section members for the upcoming program, "Residential Real Estate Transactions from Listing through Closing" on May 7th in Lombard.
Who do you think you’re dealing with? Implied contracts and the Illinois Mechanic’s Lien Act By Adam B. Whiteman Real Estate Law, January 2015 Recent cases demonstrate the importance of not only describing your client’s entity on your lien claim, but also accurately identifying the entity with whom your client contracted. But beware: This is not always as simple as it seems, especially when the entity with whom you contracted is no longer in business.
Zombie condo liens: What are they, and what do we do about them? By Adam B. Whiteman Real Estate Law, September 2014 Just when you thought it was safe to buy a property at a foreclosure sale, you learn that a previously dead lien has come back to life, forcing you to reassess your priorities.
No good deed goes unpunished: HB 2832 will imbue the county recorder with unprecedented powers that will wreak havoc on real estate transactions By Adam B. Whiteman Real Estate Law, May 2013 The Illinois House has recently passed HB 2832, a bill which, if it becomes law, will create problems that will far outweigh its potential benefit.
No good deed goes unpunished: HB 2832 will imbue the county recorder with unprecedented powers that will wreak havoc on real estate transactions By Adam B. Whiteman Administrative Law, May 2013 The Illinois House has recently passed HB 2832, a bill which, if it becomes law, will create problems that will far outweigh its potential benefit.
Condo eviction defenses: What is germane? By Adam B. Whiteman Real Estate Law, February 2013 In light of the conflict now existing between the districts on the question of what defenses are germane in a condo eviction matter, the time is ripe for a legislative fix.
Is a failure to repair common elements germane to a forcible entry and detainer suit brought by a condo association against a unit owner? By Adam B. Whiteman Real Estate Law, January 2013 The Spanish Court decision effectively adds a judicially created provision to the Condominium Property Act that would permit a unit owner to withhold payment of their assessments if they believe the association is interrupting an expectation of “maintenance-free” living.
Nightmare on _______ Street: The hidden costs of private streets and reciprocal easements By Adam B. Whiteman Real Estate Law, August 2012 Whenever you detect that a client is purchasing property on a private street, you should immediately determine who is responsible for its maintenance and upkeep.
Gotta get back in time: Limitations of rescue by the savings statute By Adam B. Whiteman Civil Practice and Procedure, February 2012 If you intend to voluntarily dismiss a case with the intent of re-filing under the savings statute, you should be very careful to populate the dismissed complaint with as many facts and issues as possible. 
Editor’s Note: Attorneys must carefully consider their deeds By Adam B. Whiteman Real Estate Law, January 2011 A quitclaim deed is a seemingly innocuous form to the layman, and the attorney may be pressured just to ‘throw one together.’ Yet, if not drafted correctly, the consequences can be dire.
Editor’s comment By Adam B. Whiteman Real Estate Law, November 2010 An introduction to the issue from Editor Adam Whiteman.
The Home Repair And Remodeling Act—Can we fix it? By Adam B. Whiteman Real Estate Law, February 2010 The Home Repair and Remodeling Act (“Home Repair Act), 815 ILCS 513/1 et seq. (West 2006) has been the subject of nine separate appellate decisions, and it has already made its way to the Illinois Supreme Court since its passage in 2000.
Case law update By Adam B. Whiteman Real Estate Law, September 2009 Summaries of two recent cases of interest to real property attorneys. 
Reducing the risks associated with title agent closings By Adam B. Whiteman Real Estate Law, September 2009 Four suggestions to minimize the risk to seller clients.
Navigating the short sale By Adam B. Whiteman Real Estate Law, October 2008 Your client has fallen behind in his mortgage payments and is served with a foreclosure complaint.
Residential contractors (and subcontractors) BEWARE! The Home Remodeling and Repair Act prevents mechanic’s liens on a residence when there is an oral contract for work that exceeds $1,000 By Adam B. Whiteman Commercial Banking, Collections, and Bankruptcy, August 2008 In January of 2000, a law went into effect which makes it unlawful for any person engaged in the business of home repairs and remodeling to remodel or make repairs or charge for remodeling or repair work over $1,000 without first obtaining a signed contract or work order.
Residential contractors (and subcontractors) BEWARE! The Home Remodeling and Repair Act prevents mechanic’s liens on a residence when there is an oral contract for work that exceeds $1,000 By Adam B. Whiteman Real Estate Law, March 2008 In January of 2000, a law went into effect that makes it unlawful for any person engaged in the business of home repairs and remodeling to remodel or make repairs or charge for remodeling or repair work over $1,000 without first obtaining a signed contract or work order.

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