What if you contract to sell one piece of property to a buyer, but end up selling the wrong piece of land at closing? What if you promise to sell the buyer a whole piece of land, but mistakenly only deed a part of the land to the buyer? Worse yet, what if you promise to deed the buyer only a portion of the land, but you inadvertently deed the entire land to the buyer at closing? Can these errors be rectified? The simple answer is yes, but it must be qualified. An error in the transfer of property can only be corrected if there is a mutual mistake of fact between the parties. In such an instance, the court can modify or re-write the deed to make it consistent with the seller’s and buyer’s actual mutual intent. What happens when the seller and buyer cannot agree? A recent court… read more →
If you are entering into a contract to repair or remodel your home, you should be aware of the Home Repair and Remodeling Act (815 ILCS 513/1 et seq.). The purpose of this law is to protect Illinois homeowners and contractors, and it requires some disclosures and documentation so that the parties are aware of their respective obligations. Specifically, if a homeowner is remodeling or completing repairs for $1,000 or more, the contractor must give that homeowner a brochure entitled “Home Repair: Know Your Consumer Rights” prior to signing the contract. Then, prior to beginning work, the contractor must obtain a signed contract or work order. If a contractor does not comply with these requirements and the other requirements of the Home Repair and Remodeling Act, the contractor will be unable to enforce the agreement against the homeowner. It is important for homeowners to understand, however, that in a recent… read more →
Smoke detectors and carbon monoxide detectors have helped save many lives. Illinois has codifed the necessity for these devices in the Smoke Detector Act and the Carbon Monoxide Detector Act. Following these rules can not only protect you and your family, but will also assist you in selling or leasing your home. Smoke Detector Act — Per state law, every single-family home must have a smoke detector installed on each floor, including the basement. For other dwelling units, there must be at least one working smoke detector within 15 feet of every bedroom or other room used for sleeping purposes. All smoke detectors must be installed on the ceiling, at least 6 inches from any wall. Smoke detectors may also be installed on the wall, so long as they are between 4-6 inches away from the ceiling. Additionally, if a building contains more than one residential unit, or if the… read more →
Lead-based paint was primarily used in homes built before 1978, but its effects are still being felt today. Lead is a toxic substance; exposure to lead increases the level of lead found in your blood, which can cause learning and other behavioral disorders. Chipped or cracked lead-based paint can increase your exposure to the lead in the paint. In 1978, Congress banned lead-based paint, and a variety of federal guidelines were put into place. As a landlord or property manager, under federal law you are required to do the following to protect yourself: 1) If the property was built before 1978, you must provide a disclosure to your tenants stating whether or not you have any knowledge of lead-based paint being present in the home; 2) Include a warning statement about lead-based paint in your lease; 3) Give your tenant a copy of the federal HUD/EPA pamphlet “Protect Your Family… read more →