Articles From Adam B. Whiteman

Consumer Fraud in a Dispute Between Two Businesses: Is It a Thing? By Adam B. Whiteman Commercial Banking, Collections, and Bankruptcy, May 2021 One business can sue another for consumer fraud if the allegation involves conduct where one business publishes false statements about another business to consumers.
Proving Up Damages in a Home Construction/Remodeling Case By Adam B. Whiteman Real Estate Law, April 2021 A look at how to prepare for trial in a residential construction defect case.
Proving Up Damages in a Home Construction/Remodeling Case By Adam B. Whiteman Construction Law, February 2021 A look at how to prepare for trial in a residential construction defect case.
Do You Know Who You Are Dealing With? Get the Legal Business Name of Your Customer By Adam B. Whiteman Commercial Banking, Collections, and Bankruptcy, November 2020 If you are entering in to a contract or a credit agreement by which you will be providing goods or services to another business, it is critical that you correctly identify your customer’s name on the contract and/or credit agreement.
Get Paid! Collecting on Commercial Debt: The Philosophy of the Fight By Adam B. Whiteman Commercial Banking, Collections, and Bankruptcy, October 2020 It is critical when collecting on a commercial debt that you recognize patterns in the debtor’s behavior so that you prevent problems before they occur.
Proving Up Damages in a Home Construction/Remodeling Case By Adam B. Whiteman Real Estate Law, October 2020 A look at how to prepare for trial in a residential construction defect case.
Preserving Evidence on Home Construction Cases By Adam B. Whiteman Commercial Banking, Collections, and Bankruptcy, September 2020 Litigating a case for construction defects can be devastatingly expensive and time consuming for the homeowner and highly disruptive for the contractor’s business.
Proving Up Damages in a Home Construction/Remodeling Case By Adam B. Whiteman Commercial Banking, Collections, and Bankruptcy, August 2020 A look at how to prepare for trial in a residential construction defect case.
The Implied Warranty of Habitability: Implications for the Builder and the Homeowner By Adam B. Whiteman Commercial Banking, Collections, and Bankruptcy, July 2020 If the implied warranty of habitability is not waived, builders leave themselves at risk from being sued by persons they never contracted with and new homeowners may find they have rights that they never anticipated.
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.
1 comment (Most recent March 21, 2019)
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 Family 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 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.
1 comment (Most recent November 8, 2017)
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.
1 comment (Most recent September 6, 2016)
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.
1 comment (Most recent July 28, 2015)
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.
3 comments (Most recent September 23, 2014)
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.
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.
1 comment (Most recent May 2, 2013)
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.
1 comment (Most recent February 25, 2013)
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.
4 comments (Most recent January 25, 2013)
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.
2 comments (Most recent September 21, 2012)

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