Articles on Real Estate

Contractor Paid Twice After Sending First Payment to Scammer By Paul Peterson Real Estate Law, August 2024 Liability for honoring a hacker’s email funding instructions appears to be an emerging area of the law.
Sidebar Real Estate Law, August 2024 Quick takeaways from a recent appellate court opinion in which the justices scolded a party and its attorney for bad behavior.
The NAR Settlement: Will Buyers Really Be Forced to Pay Their Agent? By Philip J. Vacco Real Estate Law, June 2024 The recent settlement reached with the National Association of Realtors over alleged antitrust practices has some individuals heralding the end of high sales commissions, but a closer examination reveals that the death of the seller-based commission model may be a bit exaggerated.
Case Summary: Hundley v. WPD Management, LLC By Laura Skaar Real Estate Law, May 2024 Hundley v. WPD Management, LLC is being praised as a rare common-sense win for landlords who do not use security deposits.
Case Summary: Wilmington Savings Fund Society v. Herzog By Thomas M. Olson, Jr. Real Estate Law, May 2024 In Wilmington Savings Fund Society v. Herzog, the appellate court affirmed the circuit court's decision in favor of the plaintiff after analyzing the recorded release of mortgage.
The Odyssey by Homer and the Rescission of Contract: An Analysis of Zahdan v. Frontline Business Enterprise, Inc. By Donald Hyun Kiolbassa & Emily Holmes Real Estate Law, May 2024 In Zahdan v. Frontline Business Enterprise, Inc., the parties entered into a real estate contract for a gas station conditioned upon a second contract, which the defendant did not honor.
Burnett v. The National Ass’n of Realtors By Erica Crohn Minchella Real Estate Law, April 2024 The National Association of Realtors was recently handed a $1.78 billion judgment for violations of antitrust law finding that “cooperative compensation” is collusion that artificially inflates home prices.
1 comment (Most recent April 23, 2024)
Commercial Property Insurance Policy Did Not Cover Ordered Demolition of Condominium Building By Paul Peterson Real Estate Law, February 2024 A summary and analysis of Horizon West Condominium Homes Ass'n v. Travelers Indemnity Co. of Connecticut, in which the U.S. Court of Appeals for the Seventh Circuit affirmed the dismissal of the association's suit against its insurer after the condo building was ordered to be evacuated and demolished at the expense of the association.
New Changes to the Illinois Radon Gas Awareness Act By Nicky Sonntag Environmental and Natural Resources Law, February 2024 The Illinois Radon Act will be substantially revised effective as of January 1, 2024, imposing additional obligations on landlords and providing additional rights to tenants.
Practice Tip Real Estate Law, February 2024 A property tax tip to share with your clients.
Quiet Title and Installment Contracts By Michael J. Rooney Real Estate Law, February 2024 A recent quiet title case, Almazon v. 7354 Corp., illustrates some of the principles real estate practitioners need to remember.
Case Summary: O’Malley v. Adams By Leslie Hairston Real Estate Law, January 2024 A summary and analysis of O’Malley v. Adams.
The Negotiation Process a Government Entity Must Follow in Seeking to Acquire Private Property for Use in a Construction Project for the Benefit of the Public By Sharon Eiseman Real Estate Law, January 2024 In the typical situation where a state agency is seeking to acquire all or part of a piece of real estate that is privately owned, a negotiation process must be followed in keeping with a statutory mandate found in the Illinois Compiled Statutes.
Best Practices When Obtaining and Reviewing ALTA Surveys in Commercial Real Estate Transactions By Ted M. Niemann Real Estate Law, December 2023 Obtaining and reviewing a current ALTA survey, certified to your client, lender, and title company, should strongly be considered if you are following best practices in a commercial real estate transaction.
New Changes to the Illinois Radon Gas Awareness Act By Nicky Sonntag Real Estate Law, December 2023 The Illinois Radon Act will be substantially revised effective as of January 1, 2024, imposing additional obligations on landlords and providing additional rights to tenants.
Practice Notes By Michael J. Maslanka Real Estate Law, December 2023 Two brief caselaw summaries of interest to real estate law practitioners.
‘The Sellers Must Have Known!’: A Material Defects Lawsuit Ends in Buyer Being Ordered to Pay Sellers’ Attorneys’ Fees—A Case Summary and Cautionary Tale for Buyers By Stephen Sotelo Real Estate Law, December 2023 In Hahn v. McElroy, a home buyer’s lawsuit alleging that the sellers failed to disclose mold resulted in an order affirmed by the appellate court that the buyer pay the sellers’ attorneys’ fees of more than $27,000.
International Investment in U.S. Real Estate: Legal Issues By William A. Price Business Advice and Financial Planning, November 2023 A brief summary of legal issues developers and owners of U.S. real estate projects should consider when seeking non-U.S. investors for their projects.
Residential Real Property Disclosure Act Amended By Philip Vacco Trusts and Estates, November 2023 A summary of the recent Illinois Residential Real Property Disclosure Act amendments.
Case Summary By Amelia Buragas Real Estate Law, October 2023 A summary and analysis of MB Financial Bank, N.A. v. Brophy.
General Assembly Bills Reviewed by the ISBA Real Estate Law Section Council By Paul Peterson Real Estate Law, October 2023 Summaries of bills reviewed by the Real Estate Section Council that have become public acts.
Don’t Forget Real Estate Law, September 2023 Reminders for members of the ISBA Real Estate Section Council.
Effect of Judgment Lien on Death of Joint Tenant By Emily R. Vivian Intellectual Property, September 2023 The appellate court recently held that because a joint tenant’s interest in property terminates upon his death, a judgment lienholder cannot foreclose the judgment lien against such property after the joint tenant’s death.
An Overview of the Illinois Electric Vehicle Charging Act By Nicky Sonntag Real Estate Law, September 2023 Thanks to the recently enacted Electric Vehicle Charging Act, owners and tenants of residences in certain types of residential buildings constructed after January 1, 2024, will have the right to install and use charging equipment for electric vehicles if certain conditions are met. 
Residential Real Property Disclosure Act Amended By Philip Vacco Real Estate Law, September 2023 A summary of the recent Illinois Residential Real Property Disclosure Act amendments.
1 comment (Most recent September 29, 2023)
A Fork in the Road: Illinois Supreme Court Adopts the Partial Breach Doctrine in PML Development, LLC v. Village of Hawthorn Woods, 2023 IL By Walter Adams Real Estate Law, August 2023 A summary and analysis of PML Development, LLC v. Village of Hawthorn Woods.
In re Application of the County Treasurer v. DG Enterprises By Philip J. Vacco Real Estate Law, August 2023 The appellate court was asked to determine whether the circuit court erred when it vacated its earlier order granting a petition for a tax deed in In re Application of the County Treasurer v. DG Enterprises.
Justices of the Seventh Circuit Court of Appeals as Law Professors By Michael J. Rooney Real Estate Law, August 2023 Practice tips derived from Guerrero v. Howard Bank.
Recent Illinois Property Tax Cases By Timothy Moran State and Local Taxation, August 2023 Summaries of two recent Illinois property tax cases.
An Exploration of Noncitizens’ Rights to Hold Property in Illinois By Carlos Cisneros Vilchis Real Estate Law, July 2023 Most property rights affecting noncitizens are determined at the state level, usually by legislation.

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