Real Estate Law

Public Act 102-896

Topic: 
Human Rights Act and real estate transactions

(Ford, D-Chicago; Villivalam, D-Chicago) amends the Illinois Human Rights Act to declare Illinois’ public policy is to prevent discrimination based on source of income in real estate transactions. Defines “source of income” as the lawful manner by which an individual is supported and their dependents are supported. Makes it a civil rights violation for specified discriminatory actions because of an individual’s source of income. Effective January 1, 2023.

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Kissoon v. Vlcek

Kissoon v. Vlcek
Illinois Appellate Court
Civil Court
Appellate Jurisdiction
Citation
Case Number: 
2022 IL App (1st) 210488
Decision Date: 
Friday, May 20, 2022
District: 
1st Dist.
Division/County: 
6th Div./Cook Co.
Holding: 
Appeal dismissed.
Justice: 
HARRIS

Plaintiff brought action for specific performance of a real estate contract and ejectment against defendant as well as unknown occupants of the premises. The court ordered the eviction of the unknown occupants and Cheryl Simpson, as the unknown occupant, filed an unsuccessful motion to stay the eviction and for reconsideration. She then appealed from the denial of her motion. The appellate court dismissed the appeal for lack of jurisdiction and standing to appeal. The court explained that Simpson had not intervened as a party to the action and, even if she had standing, she did not file her notice of appeal within 30 days of the court’s dispositive order. (MIKVA and ODEN JOHNSON, concurring)

Public Act 102-765

Topic: 
Residential Real Estate Disclosure Act

(Tarver, D-Chicago; Sims, D-Chicago) is the first major update of the Residential Real Estate Disclosure Act since its enactment in 1994. Among its many changes include allowing for electronic delivery and notice of the disclosure and harmonizes this Act with the newer Illinois Trust Code and the Transfer on Death Instrument Act. It also clarifies that a seller does not waive being exempt if a disclosure report is nevertheless delivered. It also includes additional consumer protections for the buyer. Effective May 13, 2022. 

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Bayview Loan Servicing LLC v. Starks

Bayview Loan Servicing LLC v. Starks
Illinois Appellate Court
Civil Court
Mortgage Foreclosure
Citation
Case Number: 
2022 IL App (2d) 210056
Decision Date: 
Thursday, May 5, 2022
District: 
2d Dist.
Division/County: 
Lake Co.
Holding: 
Affirmed.
Justice: 
BRENNAN

Defendant defaulted rial court entered an order of default and a judgment of foreclosure in favor of the plaintiff. The trial court denied defendant’s motions to vacate the default judgment and for leave to file an untimely answer and counterclaims and defendant appealed. The appellate court affirmed, finding the defendant did not provide a basis for vacating the default judgment and, as a result, that the trial court did not abuse its discretion in denying the motion. (McLAREN and HUDSON, concurring)

House Bill 4158

Topic: 
Condominium Property Act and Common Interest Community Association Act

(Croke, D-Chicago; Feigenholtz, D-Chicago) adds a reserve study to the list of records that boards must provide to their homeowners upon request. It also extends the repeal date of Condominium and Common Interest Community Ombudsperson Act to January 1, 2024 (rather than July 1, 2022). Passed both chambers. 

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House Bill 5246

Topic: 
Condominium Property Act

Wheeler, R-North Aurora; Cappel, D-Plainfield) changes the law on providing of information to a prospective buyer by a unit owner. It requires that the principal officer of the unit owner’s association or other designated officer to provide the information specified in Section 22.1 within 10 business days, rather than 30 days, of the request by the prospective purchaser. It changes the fee to be imposed on the unit owner from “a reasonable fee” to “a reasonable fee not to exceed $375” covering the direct out-of-pocket cost of providing and copying the information. An association may charge an additional $100 for rush service completed within 72 hours. Passed both chambers. 

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House Bill 2775

Topic: 
Human Rights Act and real estate transactions

(Ford, D-Chicago; Villivalam, D-Chicago) amends the Illinois Human Rights Act to declare Illinois’ public policy is to prevent discrimination based on source of income in real estate transactions. Defines “source of income” as the lawful manner by which an individual is supported and their dependents are supported. Makes it a civil rights violation for specified discriminatory actions because of an individual’s source of income. Passed both chambers.  

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House Bill 4322

Topic: 
Residential Real Estate Disclosure Act

(Tarver, D-Chicago; Sims, D-Chicago) is the first major update of the Residential Real Estate Disclosure Act since its enactment in 1994. Among its many changes include the following: allowing for electronic delivery and notice of the disclosure and harmonizes this Act with the newer Illinois Trust Code and the Transfer on Death Instrument Act. It also clarifies that a seller does not waive being exempt if a disclosure report is nevertheless delivered. It also includes additional consumer protections for the buyer. Passed both chambers. 


 

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Archer-Daniels-Midland Co. v. Country Visions Cooperative

Federal 7th Circuit Court
Archer-Daniels-Midland Co. v. Country Visions Cooperative
Civil Court
Property
Citation
Case Number: 
No. 21-1400
Decision Date: 
April 4, 2022
Federal District: 
E.D. Wisc.
Holding: 
Affirmed

Dist. Ct. did not err in confirming Bankruptcy Ct. order that denied plaintiff’s request to bar defendant from seeking compensation in state court for its Right of First Refusal for property owned by plaintiff by enforcing prior Bankruptcy Ct. order that allowed plaintiff to acquire said property from debtors free and clear of all other interests. Record showed that: (1) debtors had acquired said property subject to defendant’s Right of First Refusal that allowed defendant to match any purchase price over certain period of time; and (2) debtors did not alert Bankruptcy Ct. of existence of said Right, but plaintiff was aware of said Right prior to purchase of said property during Bankruptcy Ct. proceedings. As such, Dist. Ct could properly find that plaintiff did not purchase instant property in good faith so as to warrant enforcement of prior Bankruptcy Ct. order that granted plaintiff title to said property free and clear of other interests, since record showed that plaintiff had actual and constructive knowledge of said Right, but permitted sale to proceed without seeking Bankruptcy Ct. assurance that any competing interest-holder may be excluded from instant bankruptcy proceedings.