SEC v. Equity Build, Inc., et al. and Public Act 104-0101: Bad Case and Good LawBy Joseph W. RogulReal Estate Law, October 2025A case summary of SEC v. Equity Build, Inc., its impact on representing sellers in real estate transactions, and a look forward at new Illinois legislation that hopefully extinguishes the stain of bad caselaw.
Case Summary: Harding v. ShiBy Nicky SonntagReal Estate Law, September 2025A summary of Harding v. Shi, IL App (1st) 20317, and its impact on seeking RLTO damages.
An Estate Planning Trap That Affects Real Estate, Too!By Michael J. MaslankaReal Estate Law, September 2025Ensure that you are choosing the right language in trusts, wills, Transfer on Death Instruments, or any other means to correctly express your client's intention on passing title to property.
Public Acts SummaryBy Paul PetersonReal Estate Law, September 2025A summary of new legislation from the 104th General Assembly that may impact your area of practice.
Case Summary: Tyler v. Hennepin County, MinnesotaBy Nicky SonntagReal Estate Law, August 2025A summary of Tyler v. Hennepin Cty., Minn., 598 U.S. 631 (2023), where the U.S. Supreme Court held that Hennepin County, Minnesota violated the Fifth Amendment's Takings Clause by keeping the $25,000 surplus from the tax sale of Geraldine Tyler’s condominium after satisfying her $15,000 unpaid real estate taxes debt.
A Note From the ChairBy Cheryl A. MorrisonReal Estate Law, August 2025A note from the chair of the Real Estate Law Section Council.
Practice TipBy Michael J. MaslankaReal Estate Law, August 2025Don't learn the hard way--ensure that the Spam folder of your email system is being checked at least daily in your practice.
Well Security Requirements AmendedBy Craig R. HedinReal Estate Law, August 2025Senate Bill 2463 was amended and subsequently the bill passed in the Senate on April 10, 2025, and passed in the House on May 22, 2025. The bill amends the amounts required for security and the right to provide cash security.
Case Summary Related to Rental Support Issue: Ventus Holdings, LLC v. Harold Raddle, 2025 IL App (1st) 241169By James CreppelReal Estate Law, July 2025In Ventus Holdings, LLC v. Harold Raddle, 2025 IL App (1st) 241169, the First District Appellate Court analyzed whether the circuit court erred in denying Raddle’s summary judgment motion; and whether it erred in ruling that Raddle failed to prove his affirmative defense that Ventus waived its right to terminate. Ultimately, the appellate court affirmed the trial court’s ruling that Raddle failed to prove that Ventus waived its right to terminate the lease.
Historic Preservation Tax Credits for Real Estate Development–IllinoisBy R. Kymn HarpReal Estate Law, July 2025Efforts to preserve the historical heritage of the United States have been ongoing for more than 200 years. The National Historic Preservation Act of 1966, which created the National Register of Historic Places (National Register), formalized a national policy of preserving historic properties. This article discusses tax credits that may be utilized in Illinois for historic preservation.
NOTE!Real Estate Law, July 2025Do your clients use their properties for short-term rentals, like airbnb, etc.? Read this Note on upcoming taxes that will be taking effect under the Hotel Operators' Occupation Tax.
Ethics FYIReal Estate Law, June 2025Real estate transactions and related litigation can raise various ethical challenges. If faced with such issues, attorneys are encouraged to contact the ARDC ethics hotline at (312) 565-2600 or (800) 826-8625 for guidance—support is always available.
Real Estate Information Providers – LiabilityBy R. Kymn HarpReal Estate Law, June 2025The article discusses how real estate professionals may hold third-party information providers liable for negligent misrepresentation if faulty information causes financial loss. Under Illinois law, such claims are limited by the Moorman Doctrine, which bars recovery for purely economic loss—unless the provider is a “pure information provider.” Liability depends on the provider’s role, the nature of their work, and whether they had a duty to provide accurate information.
Rural Illinois Data Center Boom: Landowners, Are You Ready?By Ruth RobinsonReal Estate Law, June 2025Tech companies, including Meta, are pressing into unexpected parts of the country, on the hunt for huge swaths of flat land that have access to natural gas and transmission lines. Sleepy parts of Illinois, with large tracts of farmland that have nearby infrastructure to support the huge electricity demand that data centers require, are being shopped right now. The boom is on.
Air Rights DevelopmentBy R. Kymn HarpReal Estate Law, May 2025This article is the second part of a two-part series. The article explores practical applications of air rights in real estate development, focusing on how developers can maximize value from underutilized zoning potential. Using hypothetical scenarios in Chicago, it explains how a property owner can sell unused development rights above a low-rise building to another party for high-rise development, or how adjoining properties can be combined into a single zoning lot to expand buildable floor area under zoning regulations. Key legal and logistical considerations include zoning laws, FAR, easements, and covenants. The article highlights how air rights can be leveraged as a strategic asset to increase returns and optimize land use.
Caveat SearcherReal Estate Law, May 2025A reminder to real estate practitioners to be thorough and flexible with search terms, especially for real estate matters involving liens or judgments.
Chicago Northwest Side Preservation OrdinanceBy Bob Floss, IIReal Estate Law, May 2025[For attorneys practicing outside of Chicago, please do not disregard this article.] Bob Floss reviews an extremely controversial ordinance now in effect in one ward of Chicago. Floss discusses why this topic is important to all attorneys in Illinois. The concept of government awarding tenants a right of first refusal is not new. The first Tenant Opportunity to Purchase Act (TOPA) was introduced in Washington D.C. in 1980. The law gained some traction in the East Coast, expanding to Takoma Park, Maryland, in 1987, but remained isolated to those areas. Recent sentiment for housing as a human right has renewed interest in the law and sudden expansion.
Here Comes the FloodBy Bob Floss, IIReal Estate Law, May 2025It has been 56 years since George Harrison first wrote “Here Comes The Sun.” Had he been a real estate attorney, the verse would read, “Here Comes the Flood.” It is an unfortunate reality that every real estate attorney must face at some point in their career: a client who recently purchased or sold a home, and there is water in the basement. Two appellate court cases have offered some clarity for practitioners counseling their clients on the possibility of litigation.
Tax Increment Financing: A Valuable Development Tool – IllinoisBy R. Kymn HarpReal Estate Law, May 2025Tax Increment Financing (TIF) is a public funding tool used to revitalize blighted or aging areas by reimbursing developers for certain costs using the increased property tax revenue their projects generate. It helps make otherwise unfeasible projects viable without diverting existing tax funds. TIF districts last up to 23 years (extendable to 35), and funding is only approved if the project wouldn’t happen without it (applying the “but for” test). It’s widely used to promote economic development and eliminate commercial blight.
Tower of Babel: Trump Tariff Impact on the Illinois Real Estate AttorneyBy Donald Hyun Kiolbassa & Emily HolmesReal Estate Law, May 2025The article argues that globalization is collapsing, largely due to rising tariffs and nationalist policies, especially in the U.S. This shift will have significant economic impacts, including a potential resurgence of domestic manufacturing in the Midwest. For Illinois real estate attorneys, this presents a major opportunity, particularly with the growth of data centers and energy infrastructure needed to support the rise of Agentic AI—a new phase of artificial intelligence that operates with minimal human input. The authors urge real estate professionals to focus on emerging markets outside of Chicago, as smaller towns may benefit most from these developments.
The Sword of Damocles and Artificial Intelligence in LawBy Donald Hyun Kiolbassa & Emily HolmesReal Estate Law, March 2025A discussion of the Sword of Damocles story to draw a lesson—artificial intelligence should be used only as an augmentation of the attorney. The attorney needs to have a metaphorical sword over their head.
Case SummariesBy Joseph W. RogulReal Estate Law, February 2025Two recent Illinois cases are noted here that may be instructive in some practical respects for real state practitioners who have occasion to litigate similar issues.
Case Summary: Wells Fargo Bank, N.A. v. RodriguezBy Greg C. AndersonReal Estate Law, February 2025Wells Fargo Bank, N.A. v. Rodriguez is of special interest to those involved in situations where a lender has filed multiple foreclosure actions against a borrower. Wells Fargo Bank initiated three separate foreclosure complaints against its borrower. The borrower was successful in having the third foreclosure case dismissed, based on a violation of the “single refiling rule.” The Third District affirmed the dismissal.
Killing the Golden Goose: Chicago’s Northwest Side Preservation OrdinanceBy Donald Hyun Kiolbassa & Emily HolmesReal Estate Law, February 2025The City of Chicago's Northwest Side Preservation Ordinance gives tenants of residential real estate the right of first refusal to purchase the property. The Ordinance was passed allegedly to stop gentrification but, in practice, it is stripping away the rights of homeowners.
Did You Know?Real Estate Law, January 2025Some of Illinois land is described as West of the 2nd principal meridian and some as East of the 4th principal meridian.
Little Red Riding Hood: Private Equity Owning Law FirmsBy Donald Hyun Kiolbassa & Emily HolmesReal Estate Law, January 2025Loosely speaking, private equity firms are investment companies that focus on private companies. A classic example of a private equity firm looks like this. For whatever reason, a business owner is looking to divest risk and exit the owner's business. The private equity firm comes in and buys the company from the founder.
The Logistics of Handling Powers of Attorney Under the Recent Amendments to the Act – Reasonable and Unreasonable Cause to RefuseBy Michael J. FleckReal Estate Law, January 2025Senate Bill 3421 was enacted as Public Act 103-0994 on August 9, 2024, to be effective January 1, 2025. The Public Act makes certain changes to the Illinois Power of Attorney Act, specifically under Section 2-8. This article will focus on the practical logistics of handling powers of attorney due to these recent amendments, to minimize the chance that powers of attorney are rejected by a third party.
