Mitigation of Damages in Illinois Commercial Lease DisputesBy R. Kymn HarpReal Estate Law, April 2023An Illinois landlord under a commercial lease must take reasonable measures to mitigate damages, but only if mitigation of damages is required.
Mitigation of Damages in Illinois Commercial Lease DisputesBy R. Kymn HarpCommercial Banking, Collections, and Bankruptcy, April 2023An Illinois landlord under a commercial lease must take reasonable measures to mitigate damages, but only if mitigation of damages is required.
Cook County Landlord Tenant Law: A Compass to Guide YouBy Laura L. LundsgaardReal Estate Law, June 2021As of June 1, a new ordinance redefines landlord-tenant law and residential purchase and sale transactions in Cook County.
Stealing Houses?By Frank PellegriniReal Estate Law, March 2021What do you get when you combine identity theft with mortgage fraud? The FBI calls it house stealing.
The Implied Warranty of Habitability: Implications for the Builder and the HomeownerBy Adam B. WhitemanCommercial Banking, Collections, and Bankruptcy, July 2020If the implied warranty of habitability is not waived, builders leave themselves at risk from being sued by persons they never contracted with and new homeowners may find they have rights that they never anticipated.
Always refresh and renew your guarantyBy David SeidmanBusiness Advice and Financial Planning, April 2019Attorneys must routinely advise their clients when they erroneously state that a guarantor’s responsibilities are not limited to the particular obligations set forth in the guaranty itself.
Presumptively Void Transfers to caregivers – A bit of mercy please?By Paul PetersonTrusts and Estates, October 2018Caregivers are a necessary and desired part of our society. Yet some caregivers are guilty of fraud, duress, or undue influence. This article reflects on the issue and how the Presumptively Void Transfers Article of the Illinois Probate Act can be amended.
What color is your contract?By William J. AnayaReal Estate Law, June 2018Most transactions involve well-meaning people. But when they don’t, the contract is the evidence of what was intended, and you are the person who prepared the contract.
The dangers of bifurcated title policies in residential real estate transactionsBy Joseph W. RogulReal Estate Law, April 2018For those who have not had the pleasure of handling a bifurcated deal, the term refers to a transaction in which two different title insurance companies issue the owner’s and lender’s title insurance commitments and policies.
An overview of housing cooperatives in IllinoisBy Karen G. CourtneyReal Estate Law, April 2018To effectively represent clients that buy and sell cooperative apartments, it is crucial for real estate attorneys to be familiar with housing cooperatives and how they work.
Recent developmentsBy Michael J. MaslankaReal Estate Law, April 2018Three developments that real estate law practitioners should find interesting.
Post-death conservation easements—Another way to save the farm?By Andrew WhiteReal Estate Law, March 2018One may think of conservation easements as being used for wetlands, timber, or grasslands but in fact they are also appropriate for the preservation of the tillable, rural farmland that covers a large portion of Illinois.
What color is your contract?By William J. AnayaEnvironmental and Natural Resources Law, March 2018Most transactions involve well-meaning people. But when they don’t, the contract is the evidence of what was intended, and you are the person who prepared the contract.
100th General Assembly grants property tax relief by increasing some exemptionsBy John K. NorrisReal Estate Law, February 2018With all the political maneuvering and last-minute changes involving the Illinois budget crisis and school funding provisions, one bill was quietly signed into law by Governor Rauner on August 25, 2017 that impacts homeowners: Senate Bill 473, now known as Public Act 100-0401.
Presumptively Void Transfers to caregivers – A bit of mercy please?By Paul PetersonReal Estate Law, January 2018Compared to the existing financial elder abuse sections in the Probate Act, the Transfer Article has the assumption of guilty until proven innocent, more stringent burdens of proof, stricter punishments and no possibility of judicial leniency. This article asks that the burden of proof be amended, that judges be allowed to void just the transfer to the caregiver where appropriate and be given the same discretion to mitigate the loss of the entire transfer as is given in the other sections dealing with financial elder abuse in the Probate Act.
Real Property Disclosure Reports: Avoiding unnecessary legal risksBy Dan HuntleyReal Estate Law, January 2018Attorneys representing either side of a residential property transaction should be mindful of the liabilities imposed by needlessly completing a Real Property Disclosure Report and should work to minimize risks to all involved.
Agency, Powers of Attorney, co-agency and strict constructionBy Michael J. MaslankaTrusts and Estates, December 2017Transactional attorneys and estate planning attorneys need to be aware of not only the language of the court in In Re Estate of Thomas F. Shelton, but in the Illinois Co-Agency statute.
Reprint of our very first issueReal Estate Law, December 2017Provided for your enjoyment: This section's very first newsletter, from 62 years ago.
Who really regulates attorneys in Illinois?By Ralph J. SchumannReal Estate Law, December 2017In April, 2017, the Illinois Department of Financial and Professional Regulation initiated prosecutions of two Illinois attorneys for alleged violation of the Real Estate Appraisal Licensing Act of 2002. But far from purporting to act as appraisers, or engaging in the development of appraisals, however, the attorneys were engaging in the practice of law.
100th General Assembly grants property tax relief by increasing some exemptionsBy John K. NorrisState and Local Taxation, November 2017With all the political maneuvering and last-minute changes involving the Illinois budget crisis and school funding provisions, one bill was quietly signed into law by Governor Rauner on August 25, 2017 that impacts homeowners: Senate Bill 473, now known as Public Act 100-0401.
