Tech TipReal Estate Law, June 2025Tired of receiving emails you don’t want? Instead of simply hitting delete, take an extra five seconds to unsubscribe.
AIR RIGHTS DEVELOPMENTBy R. Kymn HarpReal Estate Law, April 2025An introduction to air rights. “Air rights" are part of the "bundle of rights" constituting fee simple title to real estate. They comprise an interest in land, although not the surface of the land. The term air rights generally refers to the right of the owner of a parcel of land to use the space above the land. This article is part one of a two-part series.
Case Summary Related to Easement Issue: 166 Symphony Way, LLC v. U.S. Property Investments Group, LLC, 2025 IL App (2d) 240040By James CreppelReal Estate Law, April 2025In 166 Symphony Way, LLC v. U.S. Property Investments Group, LLC, 2025 IL App (2d) 240040, the Second District Appellate Court considered the second appeal in a case involving a driveway easement dispute. The Defendant-Appellant, U.S. Property Investments Group, LLC (USP), argued that the trial court erred on remand by awarding attorneys' fees to the Plaintiffs-Appellees, 166 Symphony Way, LLC, and The Haight Company. USP also contended that the trial court wrongly denied its motion for indemnification. Ultimately, the court found USP’s arguments unpersuasive, as these issues were resolved earlier in the case and could not be relitigated.
Case Summary: Poundstone v. Cook, 2025 IL App (3rd) 240322By Philip J. VaccoReal Estate Law, April 2025In the last couple of years, Illinois courts have released several decisions arising from the discovery of post-closing defects and whether the seller breached the seller's obligation to properly disclose the same. These decisions have typically revolved either around the issue of awarding legal fees to the prevailing party or the determination of whether the evidence was sufficient to establish that the seller had actual knowledge of the alleged defect. The case of Poundstone vs. Cook is another such case that transactional attorneys should become familiar with, because it examines the reasonableness of the seller's claim that the repairs the seller made actually addressed the problems.
The Consequence of Failing to Find the LeakBy Gary R. GehlbachReal Estate Law, April 2025Since October 1, 1994, Illinois law has required owners of residential real property to provide a detailed disclosure when the property is transferred pursuant to “sale, exchange, installment land contract, assignment of beneficial interest, lease with an option to purchase, ground lease, or assignment of ground lease,” with limited exceptions. The consequences of the failure to honestly disclose defects of the property can be significant, as the defendant learned in the recent Third District Appellate Court decision, Poundstone v. Cook.
Editors’ NoteBy Michael J. Maslanka & Nicky SonntagReal Estate Law, April 2025A brief note from the editors.
TIPReal Estate Law, April 2025A tip for practitioners on using Adobe Acrobat Reader’s Find Text or Tool function.
CALL FOR ARTICLES!Real Estate Law, March 2025Information on submitting articles for the newsletter.
Case Summary: ZHY Inv., LLC v. Hsing By Leslie HairstonReal Estate Law, March 2025In re County Treasurer and Ex Officio Cty. Collector of DuPage County, 2024 IL App (3d) 220465 involves an appeal by ZHY Investments, LLC, from the circuit court in the 18th Judicial Circuit, granting Hsing’s motion to vacate an order issuing a deed to ZHY for property located in Naperville, owned by Hsing.
SidebarReal Estate Law, August 2024Quick takeaways from a recent appellate court opinion in which the justices scolded a party and its attorney for bad behavior.
The NAR Settlement: Will Buyers Really Be Forced to Pay Their Agent?By Philip J. VaccoReal Estate Law, June 2024The recent settlement reached with the National Association of Realtors over alleged antitrust practices has some individuals heralding the end of high sales commissions, but a closer examination reveals that the death of the seller-based commission model may be a bit exaggerated.
Case Summary: Hundley v. WPD Management, LLCBy Laura SkaarReal Estate Law, May 2024Hundley v. WPD Management, LLC is being praised as a rare common-sense win for landlords who do not use security deposits.
Case Summary: Wilmington Savings Fund Society v. HerzogBy Thomas M. Olson, Jr.Real Estate Law, May 2024In Wilmington Savings Fund Society v. Herzog, the appellate court affirmed the circuit court's decision in favor of the plaintiff after analyzing the recorded release of mortgage.
Burnett v. The National Ass’n of RealtorsBy Erica Crohn MinchellaReal Estate Law, April 2024The National Association of Realtors was recently handed a $1.78 billion judgment for violations of antitrust law finding that “cooperative compensation” is collusion that artificially inflates home prices.
Commercial Property Insurance Policy Did Not Cover Ordered Demolition of Condominium BuildingBy Paul PetersonReal Estate Law, February 2024A summary and analysis of Horizon West Condominium Homes Ass'n v. Travelers Indemnity Co. of Connecticut, in which the U.S. Court of Appeals for the Seventh Circuit affirmed the dismissal of the association's suit against its insurer after the condo building was ordered to be evacuated and demolished at the expense of the association.
New Changes to the Illinois Radon Gas Awareness ActBy Nicky SonntagEnvironmental and Natural Resources Law, February 2024The Illinois Radon Act will be substantially revised effective as of January 1, 2024, imposing additional obligations on landlords and providing additional rights to tenants.
Practice TipReal Estate Law, February 2024A property tax tip to share with your clients.
Quiet Title and Installment ContractsBy Michael J. RooneyReal Estate Law, February 2024A recent quiet title case, Almazon v. 7354 Corp., illustrates some of the principles real estate practitioners need to remember.
New Changes to the Illinois Radon Gas Awareness ActBy Nicky SonntagReal Estate Law, December 2023The Illinois Radon Act will be substantially revised effective as of January 1, 2024, imposing additional obligations on landlords and providing additional rights to tenants.
Practice NotesBy Michael J. MaslankaReal Estate Law, December 2023Two brief caselaw summaries of interest to real estate law practitioners.
International Investment in U.S. Real Estate: Legal IssuesBy William A. PriceBusiness Advice and Financial Planning, November 2023A brief summary of legal issues developers and owners of U.S. real estate projects should consider when seeking non-U.S. investors for their projects.
