In 1981, two doctors entered into a partnership agreement to buy an office building in which they would house their separate medical practices. Each partner contributed an equal sum of money to buy the building and agreed to share equally the cost of maintaining and operating it. In spite of…
Articles Posted in Real Estate Litigation
Failure to Follow through with Contract Requirements Made Specific Performance Lawsuit Moot
On Oct. 28, 2013, Robert Skahill signed a contract with Metropolitan Properties & Development Inc. The contract called for him to buy the property from Metropolitan for $3.1 million. Skahill was required to put down $50,000 as earnest money of which $5,000 was due on the signing of the contract…
Illinois Appellate Court Holds that a Home Listed as Part of a Trust Belongs to the Trust Even if the Deed Was Not Formally Transferred
The Illinois Appellate Court has ruled in a dispute regarding who should inherit a home in Highland Park, Ill. Although a trust instrument stated the house was part of the trust, there was no separate, formal documentation showing that a transfer of the house had been placed in the trust.…
Federal Court Jury Finds Mortgage Servicer Responsible for Defrauding Senior Citizen
Alena Hammer owned and resided in a house located in Villa Park, Ill. Her mortgage was serviced by AmTrust Bank until AmTrust failed and was taken over by the FDIC in November 2009. The mortgage did not include an escrow account, and Hammer paid her real estate taxes and property insurance…
Condominium Association Claims Faulty Masonry Work Caused Leaks in Construction
Late in 2002, the developer of 1717 S. Prairie Ave. in Chicago, Ill., retained the defendant Hansen & Hempel Co. to complete the masonry work for a 23-story condominium complex. When the building was nearly finished in March 2004, it started to experience water leakage. The condominium association, Board of…
Company’s Resistance to Produce Documents in Toxic Tort Case Was Determined to Be Not Privileged
In a case that involved thousands of toxic tort liability cases, the Illinois Appellate Court has ruled that an industrial manufacturer must turn over documents it alleged were privileged to a company indemnifying it. In March 1999, automotive systems manufacturer BorgWarner Inc. acquired Kuhlman Corp. and its subsidiaries, including Kuhlman…
U.S. Court of Appeals Orders the Enforcement of a Contract with an Easement, Without Application of the Rule Against Perpetuities
In 1952, the owner of a parcel of land in Illinois granted a pipeline operator an easement for two pipelines to cross his land. The first pipeline was built immediately. The easements specified that the second pipeline, if constructed, was required to be built within ten feet of the first…
A Contract Remains Valid Even if the Parties to the Contract Did Not Initial Alterations, But Signed Everything Else
The Illinois Appellate Court has reversed and remanded a decision by a Cook County Circuit Judge relating to a sale agreement for a condominium purchase. In November 2010, the Habitat Co., the Gautreaux Development Manager for the Chicago Housing Authority, signed a purchase and sale agreement with Tera Healy to…
Limited Liability Company’s Member Not Liable in Fraud Claim
Craig Yale was a limited liability member of Wolcott LLC, a real estate development operation. The two plaintiffs, Dr.Biplob Dass and Brett Garry, brought a lawsuit against Wolcott LLC, claiming they were duped when purchasing a garden condominium unit from Wolcott. In the complaint it was alleged that the unit…
Illinois Appellate Court Affirms Trial Judge’s Dismissal in Real Estate Deal Gone Bad
In 2011, Gloria Won intended to purchase a residence from Grant Park 2 LLC. Since the deal she anticipated fell apart, Won filed a breach of contract and breach of fiduciary duty lawsuit against Grant Park 2. In that suit, Won alleged that Grant Park 2 chose not to meet the…