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Posts Tagged ‘property’

The Role of an Eviction in Defaulted Illinois Contract Sales

Written by Kreisler-Law-PC on . Posted in CCP, contract sale, eviction judgment, evictions, Forcible Entry and Detainer Act, Illinois Code of Civil Procedure, Illinois Forcible Entry and Detainer Act, installment contract for deed, Litigation, real estate transaction

When a real estate seller is willing to finance his buyer’s purchase of the property being sold with a relatively small down payment, it is common for the transaction to proceed by what is called a contract sale or an installment contract for deed. Under that form of transaction, the seller does not execute and record a deed when the transaction closes and possession of the property is transferred to the buyer. Instead, the parties execute a document under which the buyer agrees to make payments and to insure and maintain the property and the seller agrees when the seller has been paid as agreed, a deed will eventually be delivered.

When a buyer defaults under the contract, the seller is faced with the problem of how to terminate the contract and get his property back. The contract sale document will provide that after default and upon notice, the contract may be terminated and all prior payments forfeited. However, that does not put the contract seller back into possession of the property.

Restoration of possession requires the use of the Illinois Forcible Entry and Detainer Act, which is contained in the Illinois Code of Civil Procedure (“CCP”). Section 5/9-104.1 of the CCP requires that a demand be served on the buyer giving at least 30 days to satisfy the demand before suit may be filed. The case then proceeds like any other eviction, except that in entry of the eviction judgment, the court may stay the enforcement of the judgment for up to 60 days where more than 75% of the original purchase price remains unpaid but in cases where less than 75% remains unpaid, the Court is required to stay enforcement of the order for 180 days. The court may grant a shorter stay even where than 75% of the original purchase price remains unpaid, if the plaintiff can show that plaintiff had granted previous extensions of the time to pay or for other good cause shown.

Feel free to contact an Illinois attorney experienced in handling all aspects of real estate transactions and litigation at Kreisler Law if you have questions about sale of your Chicago area real estate or any other area of the laws governing real estate.

What Condominium Association Information is Available to an Illinois Condominium Buyer?

Written by Kreisler-Law-PC on . Posted in Association declaration and by-laws, capital expenditures, condominium association, condominium buyer, condominium law, condominium property, condominium unit purchaser, financial condition, insurance coverage, pending lawsuit, real estate closing, unit owners

There are risks to buying a condominium in an existing condominium association, as the financial condition of the association will determine whether future maintenance and replacement needs of the condominium property will require large future special assessments. Because of this, the Illinois legislature created section 22.1 of the Condominium Property Act.

Under section 22.1, a condominium unit purchaser may request and the seller must obtain from the condominium board copies of the declaration and by laws and any rules and regulations and information about any pending lawsuits or judgments, as well as the following:
1.  A statement of any liens, including a statement of the account of the unit being purchased setting forth the amounts of unpaid assessments and other charges.
2.   A statement of any capital expenditures anticipated by the   association within the current or succeeding two fiscal years.
3.   A statement of the status and amount of any reserve for replacement fund and any portion of such fund earmarked for any specified project by the Board.
4.   A copy of the statement of financial condition of the association for the last fiscal year for which such statement is available.
5.   A statement setting forth what insurance coverage is provided for all unit owners by the association.

Feel free to contact an Illinois attorney experienced in handling all aspects of real estate closings for both buyers and sellers at Kreisler Law if you have questions about condominium law or the sale of your Chicago area real estate or any other area of the laws governing the purchase or sale of real estate.

Selling Chicagoland Real Estate – The Attorney Review Paragraph

Written by Kreisler-Law-PC on . Posted in earnest money, real estate closing, real estate law, real estate sale

Commonly available printed form contracts for the purchase and sale of real estate in the Chicago Metropolitan area contain a paragraph which is very useful for both buyers and sellers. The paragraph is commonly referred to as “Attorney Review” or “Attorney Modification”.  Under the terms of the paragraph, attorneys for both buyer and seller have a set period of time after the contract is signed by both buyer and seller and initial earnest money is deposited to review the contract and propose changes.  The period is usually five to ten business days.  This allows the buyer and seller to agree on the basic terms of the deal, such as purchase price, closing date and mortgage contingency, before going to the expense of employing an attorney.

 

Once the contract is signed, the executed contract is delivered to the attorneys for the buyer and seller.  They can then review the contract, confer with their client as to any issues, clauses or wording of concern to them and then propose appropriate changes in the contract to the attorney for the other side.  In most cases, proposed changes can be worked out and the contract then proceeds to closing.  However, if the parties’ attorneys cannot reach agreement, either attorney can terminate the contract, in which case the initial earnest money is returned and the property put back on the market.  As a kind of safety blanket to real estate buyers and sellers allowing them to sign otherwise binding agreements before they hire an attorney, the Illinois courts have held that the attorney may disapprove the contract during the attorney review period for basically any reason.

 

Feel free to contact an Illinois attorney experienced in handling all aspects of real estate closings for both buyers and sellers at Kreisler Law, if you have questions about the sale of your Chicago area real estate or any other area of the laws governing the purchase or sale of real estate.

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