Most home inspection contracts state that the inspector’s liability is limited to the cost of the inspection. But if you have an issue with your inspector, will this hold up in court? In Zerjal v. Daech & Brauer Construction, Inc., 210 Ill.App.LEXIS 1269 (5th Dist.2010) , the Court says yes, it will. In 2006, the plaintiff hired the defendant to inspect a home he had under contract. A few weeks later, he closed on the home. After closing, the plaintiff found many structural defects that he was not informed about during the inspection or in the inspection report. According to the plaintiff, the foundation could not support the house, the walls could not support the loads they were carrying, there was water leakage into the home, the electrical system was not safe, the HVAC was damaging the home’s wood, and the home was generally structurally unstable. The trial court found… read more →
Last year, in Mapcor Corporation v. J.P. Morgan Chase Bank, N.A., 938 N.E.2d 1181 (2d Dist. 2010), J.P. Morgan Chase Bank lost on appeal after it claimed that it should not have to pay the amount the jury awarded to the plaintiff at trial because the plaintiff had purchased the property from J.P. Morgan Chase AS-IS. The court, however, disagreed, based on the following background: The bank was aware that the roof of the property needed to be torn off and completely replaced. However, because the cost to do this was high, the bank hired a contractor to put a new roof over the original roof — against the broker’s and the contractor’s advice. The bank fired the original broker and hired a new broker, and then falsely represented that the roof was torn off and replaced with a new roof. Relying in part on this representation, plaintiff purchased the property in 1996. Over the… read more →
Most people know what a condominium is. You may even know what a co-op is. But do you know what a common interest community association is? Last year, the Illinois legislature passed the Common Interest Community Association Act. The act defines a “common interest community” as follows: Real estate other than a condominium or cooperative with respect to which any person by virtue of his or her ownership of a partial interest or a unit therein is obligated to pay for the maintenance, improvement, insurance premiums or real estate taxes of common areas described in a declaration which is administered by an association. “Common interest community” may include, but not be limited to, an attached or detached townhome, villa, or single-family home, or master association. What does this mean in plain English? It means that if you live in a subdivision or neighborood where there is some common area managed or administered by… read more →
It has been a little more than a year since Cook County announced its new Foreclosure Mediation Program in April of 2010. The purpose of the program was to help homeowners with free legal advice, and also to assist then in reaching a resolution with their lenders. As of April of 2011, more than 27,000 homeowners had asked for advice. Of those 27,000 homeowners, 1,820 were referred to mediation. Of those 1,820 referrals, 627 homeowners had completed their mediations. Of those 627 completed mediation, 216 homeowners received loan modification and will continue to stay in their homes. The remaining 411 homeowners have either left their homes already or are still in the foreclosure process. The Foreclosure Mediation Program started with a budget of $3.5 million, and has received another $3 million to keep it running until November 2011. While mediation can be slow, the program has helped many homeowners. With any luck, the program… read more →