Legal Question in Real Estate Law in Illinois

Getting back earnest money

I backed out of a real estate deal (during the legal time period) due to discoveries of non-diclosed problems with the property during inspection. The seller refuses to give back my earnest money. The deal was By Owner and he does not have an attorney so I am dealing directly with him. I am filing in small claims court. Can I (or does this) put a lein on the property? Thanks.

--name removed--Van Loon


Asked on 10/31/05, 6:16 am

1 Answer from Attorneys
Thomas Moens Moens Law Offices, Chartered

Re: Getting back earnest money

Only when a judgment is entered, AND you file a memorandum of judgment in the recorder's office will there be a lien against the real estate.

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Answered on 10/31/05, 3:30 pm


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