Under state law, any seller of residential real estate must provide the Illinois Residential Real Property Disclosure to potential buyers. But the report, extensive as it is, does not cover everything. Buyers must be aware of that, and perform thorough inspections to satisfy themselves before moving forward with any purchase.As you will see in Kalkman v. Nedved, 2013 IL App (3d) 120800 (June 14, 2013) Knox Co. (McDADE), sometimes buyers learn this too late. The Kalkmans found a lakefront home they liked, and decided to purchase it. Their mold inspector discovered the presence of mold, but that issue was resolved between the parties. The home inspector noted a potential problem with the windows, but it appears that the parties did not deem it serious at the time.The buyers reviewed the Illinois Residential Real Property Disclosure, which stated, among other things, that the sellers had no knowledge of defects in the walls. … read more →
Cook County’s annual sale of delinquent property taxes is just six weeks away. What can you buy? Delinquent taxes from 2011. The sale is scheduled to begin on August 5. Although most real estate taxes get paid before the tax sale buyer ends up with the property, some tax sale buyers do get lucky and end up with a property at a bargain price,. If you owe taxes for 2011, and you don’t want your home to be sold at the tax sale, you need to go downtown to the Cook County Treasurer’s office at least one business day before the sale and pay the taxes. The treasurer’s office will only accept cash, cashier’s checks, money orders, or certified checks. The taxes can also be paid on the Cook County Treasurer’s website until July 26, 2013, or at any Chicagoland Chase Bank until August 1, 2013.
Following at least eleven other counties in Illinois, Lake County no longer allows non-lawyers to represent homeowners at the Tax Appeal Board level. Homeowners and property owners may represent themselves (assuming they are individuals and not entities), or they may engage a licensed attorney. Any other person or entity who appears shall be committing the unauthorized practice of law. However, real estate brokers, architects, accountants and appraisers may continue to serve as expert witnesses.
In Palm v 2800 Lake Shore Drive Condo Ass’n, 2013 IL 110505, the court determined that any home-rule municipality may enact its own regulations affecting condominiums, despite the existence of the Illinois Condominium Property Act. Following a dispute with his condominium association in 1999, Mr. Palm requested the association’s financial records pursuant to Chicago law. Under Chicago law, a condominium owner need not provide a reason for his request; moreover, the association must provide all financial records within three business days. On the other hand, the Illinois Condominium Property Act requires condominium owners to submit a reason for the request, limits the request to the last ten years, and gives the association thirty days to produce the documents. At the end of the day, the condominium association in the Palm case challenged local law, and lost. The court ruled that home rule municipalities can govern condominiums as they choose, since… read more →