Legal Question in Real Estate Law in Illinois

On April 23rd I signed a contract for the sale of my property and when they estimated the 2009 taxes they added 5% as generally taxes go up each year. Well, on May 3rd when the tax bill arrived it was almost $1,500.00 less. Is there any way to get that money returned?


Asked on 10/02/10, 7:13 pm

2 Answers from Attorneys

Usually that kind of kicker is added only when the taxes are not known. And then most people in residential deals don't want to deal with "reproration agreements". So you may be stuck but the only way for sure is to talk to an attorney who can review the entire contract -- maybe there's something there that can benefit you. Nobody can give you a conclusive answer without doing that. And frankly the buyers shouldn't be entitled to a windfall for your being reasonable -- you never know, they may just agree as long as everything else is ok. Anyhow, won't you have an attorney for at least the closing?

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Illinois. Responses are based solely on Illinois law unless stated otherwise.

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Answered on 10/07/10, 7:51 pm
Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

I don't think that yo uare likely to receive anything back. The purpsoe of that provision is to p[rovide finality at closing. Both the seller and buyer run a risk. For the buyer, what if the amount had gone up more than the 5%. Your risk was that it went down. You lost. The other option would have been to have a reproaration agreement wherein you and the buyer would have agreed to make adjustments if the bill differed from the past when the new bill arrived.

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Answered on 10/09/10, 6:09 pm


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