Legal Question in Real Estate Law in Illinois
Complaint for Specific Performance
1. I need to amend my answer to plaintiff's complaint for specific performance.
I have a rapidly approaching court date. This will be prose.
2 Answers from Attorneys
Re: Complaint for Specific Performance
What's the question? You understand that specific performance is a request to force you to sell a house. Make sure you know what you're doing.
Re: Complaint for Specific Performance
Regardless of the nature of the complaint, if you feel that you need to amend your answer, the procedure for that is that you file a Motion for Leave to Amend Defendant's Answer to the Complaint. In it, you tell the court what you said in your original answer, that that response was incorrect or incomplete, or that certain information has recently come to your attention which causes your answer to change, then you request leave (permission) from the court to amend your answer accordingly. Attach a draft of your amended answer to the Motion as an exhibit -- you can reference it in the motion (example -- "Defendant requests leave of this Court to amend the Answer to the Complaint as set forth in Exhibit A, attached hereto.") Be clear and concise about why you need to change your answer.
Also, specific performance is NOT just for forcing the sale of a house, it is a cause of action to enforce the terms of an agreement.