Real Estate Law

Defendants entered into an agreed order with their landlord, the defendant, agreeing to terms to vacate their rental property to avoid having an eviction judgment entered. On defendant’s motion the trial court entered both the agreed order and a judgment of possession. The trial court then denied the defendant’s motion to vacate the judgment and defendants appealed. The appellate court vacated the judgment of possession, finding that based on the agreement between the parties there was no legal justification for the entry of the eviction judgment. (HUTCHINSON and KENNEDY, concurring)

Plaintiff filed a lawsuit against defendants alleging violation of the Residential Real Property Disclosure Act, common law fraud, fraudulent concealment, and negligent misrepresentation after plaintiff found mold in the house he purchased from the defendants. During a bench trial, the circuit court entered a directed finding in favor of the defendants and subsequently awarded defendants the full amount of their attorney fees. Plaintiff appealed and the appellate court affirmed, finding that the trial court did not err in the entry of judgment in favor of the defendant or in the award of attorneys’ fees under the terms of the real estate contract. (SCHOSTOK and BIRKETT, concurring)

Plaintiffs filed a lawsuit seeking to recover property taxes paid on a property that was subject to condemnation proceedings. The appellate court sided with the plaintiffs; however, the Illinois Supreme Court reversed that finding, concluding that because the plaintiff enjoyed the benefits of ownership from the time the condemnation proceedings were initiated until the time the city took ownership of the property, it would be unreasonable for the plaintiffs to be relieved from having to pay property taxes during that time. (THEIS, NEVILLE, OVERSTREET, HOLDER WHITE, ROCHFORD, and O’BRIEN, concurring)