2000 Articles

1998-1999 Real estate case law update January 2000 Where buyers purchased property subject to an easement to maintain railroad tracks, and they were aware that the railroad's drainage ditches alongside of the tracks encroached beyond the actual easement, the encroachment ripened into a prescriptive easement over time.

1999 key real estate legislation By Marylou Lowder Kent May 2000 HB 0902: Real Estate License Act of 2000 HB 2632: Land Sales Registration Act of 1999

Attorney approval provisions—the good faith requirement By Richard W. Kuhn October 2000 The current trend of Illinois case law gives an attorney broad discretion under most standard form attorney-approval clauses, subject only to the notion of "good faith."

The “burn down” guaranty: Yet another trap for the unwary lender? By John C. Murray February 2000 On May 26, 1999, the Illinois Appellate Court issued its decision in Bank of America National Trust and Savings Association v. Schulson, 305 Ill. App. 3d 941, 714 N.E. 2d 20 (1999), as modified upon denial of rehearing (June 30, 1999).

Dishonest home improvement contractorsthe force is not with you By Harold I. Levine October 2000 Although not generally understood, there is a definite relationship between the increase in residential foreclosures and coercive home improvement contracts. Much to the surprise and dismay of property owners, many foreclosures arise out of home improvements contracts.

The duty of a lessor to mitigate damages of a defaulting lessee when the lease has a liquidated damages clause By Jack H. Tibbetts May 2000 Illinois law mandates a lessor has a duty to mitigate damages of a defaulting lessee. This duty was created by a statute effective January 1,1984.

Editor’s note May 2000 The first article chosen for this newsletter is an interesting analysis of a seller's liability under Illinois law for failure to disclose matters of public record.

Editor’s notes October 2000 This month we are featuring home repair contractors uniting with mortgage lenders, property powers of attorney, and attorney approval clauses in residential real estate contracts.

Editor’s notes August 2000 Regular subscribers of Real Property need no introduction to Stanley Balbach, who has spoken and written so much for so long on so many real estate related matters that it would be redundant to go further; suffice it to say that Stan practices with the firm of Balbach & Fehr, in Urbana, Illinois (P.O. Box 217).

Editor’s notes June 2000 Can the creditors of a debtor spouse attack a conveyance into a tenancy by the entirety?

Editor’s notes February 2000 Regular subscribers of Real Property will recognize the authors of both articles included in this issue; both have been frequent contributors in the past , and both are highly respected authorities in their respective fields.

“FLIP!” Not just another four-letter word By Lynn W. Wilburn June 2000 In the last two or three years, but especially within the last year, illegal flip real estate transactions (FLIPS) have virtually exploded in numbers around the country.

The need of homebuyers and sellers for independent counsel By Stanley B. Balbach August 2000 The profession has a duty to inform the members of the public as to when they have a problem deserving of the services of a lawyer.

The new Home Repair and Remodeling Act—itself in need of repair! By Donald L. Shriver August 2000 On January 1, 2000 the new Home Repair and Remodeling Act became effective as P.A. 91-230; it may be cited as 815 ILCS 513/1, et seq.

Practical aspects concerning the creation of air parcels By Richard F. Bales February 2000 For more than thirty-five years Illinois real estate attorneys have worked with the Illinois Condominium Property Act as an alternative to the plat of subdivision.

Recent amendments to the Illinois Power of Attorney Act By James F. Dunneback October 2000 The General Assembly recently amended the Illinois Power of Attorney Act, 755 ILCS 45§2-1, et. seq. The amendments (P.A. 91-790), which are significant, became effective for all durable powers of attorney executed on or after June 9, 2000.

Recent cases on indemnity and insurance provisions in construction contracts By Gregory A. Thorpe August 2000 Most general contracts and subcontracts for construction require the contractor to provide indemnities or insurance, or both.

Robinson v. Malk By Thomas Homburger June 2000 In November, 1999, the Illinois Appellate Court sent a strong message to landlords, reminding them of public policy and court precedent dating back to the 1800s, and warning of dire consequences if a landlord takes matters into his own hands by depriving a tenant of leased premises through extra-legal means.

Saving for a rainy day; The developer’s fiduciary duty to fund capital reserves By Jordan I. Shifrin & Laurence B. Hirsch June 2000 The idea of saving up for a rainy day is hardly a new concept. Ever since the days of receiving an allowance, we have been trained to stash a little something away just in case

Supreme court provides some guidance for advising clients on holding title as tenants by the entirety By Robert H. Rappe, Jr. & Steven C. Lindberg June 2000 On February 17, 2000, the Supreme Court of Illinois issued its opinion in the case of Premier Property Management, Inc. v. Jose Chavez

Take notice: real estate sellers’ liability under Illinois law for failure to disclose a matter of public record By Jason M. Rosenthal May 2000 Local ordinances and other laws significantly impact the development and marketability, and therefore value, of real property.