Legal Question in Real Estate Law in Illinois
It's 11 months after I bought a condo in Chicago.
The fridge broke and I went to use my home warranty the seller agreed to pay for.
Turns out we don't have one. It's not on the HUD.
Neither attorney is claiming responsibility. What can I do?
1 Answer from Attorneys
If it was part of your purchase contract and your closing attorney neglected to assure that you received the warranty at closing and the seller refuses now to have the warranty issued, that attorney may be responsible. I've handled several foreclosure sales (buyer side) where such warranties were part of the deal but separate from the contract and I was not made aware of it until closing so I was able to "fix" the situation. Deeds in Illinois normally do not cut off grantor liability for things that are "collateral" to the sale and are expected to occur after closing. If your closing attorney doesn't know how to navigate this, and you are unable to DIY, you may need another attorney to assist. PS the warranty may not be on the HUD-1, but may be a separate certificate.
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