Plaintiff and Defendants owned lots in neighborhood association subject to certain restrictive covenants, including the right of first refusal when a neighboring lot owner sells. Defendant owners received offer to purchase their 2 back-to-back lots from 2 buyers, and transferred both lots to them by warranty deed. One week after the closing, broker notified Plaintiff of the closing and advised that the 2 lots were sold as a package deal. Plaintiff then made a counteroffer to buy 1 of those lots "at market value." Notice provided to Plaintiff contained material terms sufficient for her to exercise her right of 1st refusal. Counteroffer contained different terms, so Defendant owners were not obligated to accept it. Plaintiff filed complaint against Defendant, buyers, and neighborhood association, contending that she had a right of first refusal as to the sale that was not honored. Buyers filed 3rd-party complaint against realtors for indemnification. Court properly found that no genuine issue of material fact existed and granted partial summary judgment on 3 counts. (LYTTON and McDADE, concurring.)
Illinois Appellate Court
Civil Court
Real Estate Contract