Real Estate Law

Kelly v. Orrico

Kelly v. Orrico
Illinois Appellate Court
Civil Court
Contracts
Citation
Case Number: 
2014 IL App (2d) 130002
Decision Date: 
Monday, March 31, 2014
District: 
2d Dist.
Division/County: 
Du Page Co.
Holding: 
Reversed.
Justice: 
HUTCHINSON
Parties, who were friends living two doors apart, entered into contract for Defendants to purchase Plaintiffs' home, and Plaintiffs filed suit, alleging breach of contract, as Defendants failed to close on purchase on date set for closing. Plaintiffs did not allege anticipatory repudiation; thus, any proof submitted to support that theory was defective, and court erred in finding for Plaintiffs on that basis. Evidence at trial did not show that Defendants had clearly and unequivocally repudiated their contract, as Plaintiffs had, subsequent to their agreement to sell to Defendants, listed home for sale, placed a for-sale sign in their yard, and entered into contract with other buyers.(McLAREN and SPENCE, concurring.)

Van Pelt Construction Company, Inc. v. BMO Harris Bank, N.A.

Van Pelt Construction Company, Inc. v. BMO Harris Bank, N.A.
Illinois Appellate Court
Civil Court
Mortgage Foreclosure
Citation
Case Number: 
2014 IL App (1st) 121661
Decision Date: 
Thursday, March 27, 2014
District: 
1st Dist.
Division/County: 
Cook Co., 4th Div.
Holding: 
Reversed and remanded.
Justice: 
LAVIN
An agreement to modify an existing credit agreement, or forbear from exercising remedies connected with an existing agreement can give rise to a claim or defense that a new agreement has been formed, as long as agreement satisfies Section 2 of Credit Act. Any unwrittten understanding by the parties has no bearing on whether the Credit Act has been satisfied. Signatures of creditor and debtor cannot be found in the writings at issue, and a valid signature by the parties was at issue from time when mortgagee bank asserted that agreement did not satisfy Credit Act.; and thus, any settlement agreement between parties was unenforceable. (FITZGERALD SMITH and EPSTEIN, concurring.)

The Henderson Square Condominium Association v. LAB Homes, L.L.C.

The Henderson Square Condominium Association v. LAB Homes, L.L.C.
Illinois Appellate Court
Civil Court
Condominiums
Citation
Case Number: 
2014 IL App (1st) 130764
Decision Date: 
Friday, March 21, 2014
District: 
1st Dist.
Division/County: 
Cook Co., 5th Div.
Holding: 
Reversed and remanded.
Justice: 
GORDON
(Court opinion corrected 3/25/14.) Condo association and its board of managers filed complaint arising from sale of condo units by defendant developers. Court improperly dismissed complaint, as Plaintiffs adequately pled causes of action, and questions of fact remain. Plaintiffs alleged that Defendants knew, at time of transfer, that extensive repairs were needed to remedy alleged inferior construction, and that Defendants did not reasonably budget for repairs; thus trier of fact must determine whether amount of reserves in place at time of transfer was reasonable, and Plaintiffs adequately pled breach of fiduciary duty. and damages. Section 13-72-030 of Chicago Municipal Code is a separate cause of action that Plaintiffs may file, and does not apply only to preexisting facts. If Defendants fraudulently concealed falseness of their representations made pursuant to that Section, then statute of repose is tolled. (TAYLOR, concurring; PALMER, specially concurring.)

Courts of Northbrook Condominium Ass'n v. Bhutani

Courts of Northbrook Condominium Ass'n v. Bhutani
Illinois Appellate Court
Civil Court
Forcible Entry and Detainer Act
Citation
Case Number: 
2014 IL App (1st) 130417
Decision Date: 
Friday, March 14, 2014
District: 
1st Dist.
Division/County: 
Cook Co., 5th Div.
Holding: 
Affirmed.
Justice: 
GORDON
(Court opinion corrected 3/17/14.) Condo association filed eviction action against townhouse co-owners, and court entered default judgment upon failure to appear. Court granted defendants' pro se motion to vacate, but did not quash service. Forcible Entry and Detainer Act does not require that a defendant actually receive a 30-day notice to effectuate proper service. Even if a defendant does not claim a certified mailing, Plaintiff followed the procedures of the Act in mailing notices by certified mail to defendant at last known address, and court was conferred subject matter jurisdiction. Service was proper, as summons was left at Defendant's usual place of abode with a family member residing there, over age 12. Claims of breach of fiduciary duty by Plaintiff are outside scope of Act. (McBRIDE and PALMER, concurring.)

Senate Bill 3499

Topic: 
Unauthorized practice of law
(Althoff, D-Crystal Lake) amends the Property Tax Code to allow the following persons to represent tax payers before boards of review in counties less than three million: (i) the person has been granted power of attorney by the taxpayer for the specific purpose of an appeal before the board of review; and (ii) meets at least one of the following qualifications: (1) the person is an attorney licensed to practice law in the State of Illinois; (2) the person is a Certified Public Accountant; (3) the person is a licensed Illinois real estate agent; (4) the person possesses a Certified Illinois Assessing Officer certificate from the Illinois Property Assessment Institute; (5) the person possesses a Certified Assessment Evaluator designation from the International Association of Assessing Officers; or (6) the person has obtained Certification as a Member of the Appraisal Institute, Senior Real Estate Analyst, or Senior Real Property Appraiser from the Appraisal Institute or its predecessor organization. Scheduled for a hearing today in Senate Judiciary Committee.
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527 S. Clinton, LLC v. Westloop Equities, LLC

527 S. Clinton, LLC v. Westloop Equities, LLC
Illinois Appellate Court
Civil Court
Easements
Citation
Case Number: 
2014 IL App (1st) 131401
Decision Date: 
Monday, March 10, 2014
District: 
1st Dist.
Division/County: 
Cook Co.,1st Div.
Holding: 
Affirmed in part and reversed in part.
Justice: 
HOFFMAN
Plaintiff sought judicial declarations that its proposed development of multi-story commercial and residential building would not violate easement held by Defendant. Easement provided that it would remain in force so long as property is continously operated as a hotel. Hotel closed for a decade due to bankruptcy, but then Defendant purchased it, refurbished and reopened the hotel. Language of agreement provided for termination upon non-temporary business interruption, and thus no action by any party was required to effectuate termination of easement. Hotel closure for 10 years was not a "temporary interruption", and automatic stay provision of Bankruptcy Code did not apply. Evidence presented factual issues whether development plan was a substantial change, and thus summary judgment should not have been granted. (CONNORS and CUNNINGHAM, concurring.)

Messerly v. Boehmke

Messerly v. Boehmke
Illinois Appellate Court
Civil Court
Real Estate
Citation
Case Number: 
2014 IL App (4th) 130397
Decision Date: 
Tuesday, March 11, 2014
District: 
4th Dist.
Division/County: 
Macoupin Co.
Holding: 
Reversed.
Justice: 
KNECHT
Purchasers sued sellers alleging violation of Residential Real Property Disclosure Act in failing to disclose material defects in home's foundation and plumbing system. Buyers did not waive their right to recovery based on their acceptance of an incomplete Disclosure form from sellers. Buyers presented evidence raising question of fact as to seller's knowledge at closing of a material defect in plumbing system, and as to foundation defects.(TURNER and STEIGMANN, concurring.)

The Illinois Department of Transportation v. Raphael

The Illinois Department of Transportation v. Raphael
Illinois Appellate Court
Civil Court
Condemnation
Citation
Case Number: 
2014 IL App (2d) 130029
Decision Date: 
Wednesday, February 19, 2014
District: 
2d Dist.
Division/County: 
Du Page Co.
Holding: 
Affirmed in part and vacated in part; remanded.
Justice: 
McLAREN
(Summary corrected.) In condemnation proceeding, court properly barred testimony of landowner's appraiser, as his valuation method was improper, because it misrepresented the value of the specific land portion to be taken. Appraiser assigned uniform square-foot value to entire property, although part taken was a 10-foot-strip with only parts of lawn and driveway, but land also included single-family home. Trial court should have barred testimony of IDOT's appraiser, as appraiser failed to consider contributory value of improvements within the remainder, including house, when valuing the part taken.(HUTCHINSON and SPENCE, concurring.)

House Bill 5453

Topic: 
Increased court fees
(Brauer, R-Springfield) lifts the cap on the $25 court-services fee that a county may charge civil litigants and convicted defendants for courthouse security if there is an acceptable cost study prepared that justifies it. Scheduled for House Judiciary Committee Wednesday morning.
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Chicago Title Insurance Company v. The Teachers' Retirement System of the State of Illinois

Chicago Title Insurance Company v. The Teachers' Retirement System of the State of Illinois
Illinois Appellate Court
Civil Court
Unjust Enrichment
Citation
Case Number: 
2014 IL App (1st) 131452
Decision Date: 
Tuesday, February 18, 2014
District: 
1st Dist.
Division/County: 
Cook Co.,1st Div.
Holding: 
Affirmed.
Justice: 
DELORT
Court properly dismissed real estate buyer's suit to attempt to rescue property from loss at tax sale. Unjust enrichment is not available remedy as a written contract governed payment of taxes, and declaratory judgment claim cannot stand as contract absolved seller of responsibility for expenses related to delinquent property taxes.(HOFFMAN and CUNNINGHAM, concurring.)