Legal Question in Real Estate Law in Illinois
We closed on a home in October and one month later discovered that the seller had lied on the disclosure and to questions asked when the basement drains backed up. We have since had more sever rains and the latest rain had 6 inches that flowed back in as quickly as we worked to get the water out. I have a plumber that will attest that the seller knew of this issue as the drains had previously been rodded and the amount of water flowing in did not happen in the little over two months we have owned the home. How do I find an attorney to take the case? If I take this to small claims without an attorney am I asking to lose my claim?
1 Answer from Attorneys
You don't indicate the amount of your damages but I assume they have been substantial. The statute provides that the court may award reasonable attorney fees in addition to the amount of actual damages. With such a statute there is no reason not to hire an attorney.
I would point out that the statute, 765 ILCS 77/60 states that
"No action for violation of this Act may be commenced later than one year from the earlier of the date of possession, date of occupancy, or date of recording of an instrument of conveyance of the residential real property."
Be sure to allow sufficient time to get the suit filed and the defendant (s) served within the one year period. As to finding competent counsel to take your case, local bar associations, the Internet or word of mouth may be the best way.
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