Legal Question in Real Estate Law in Illinois

New Condo Property Taxes

The developer of my condo owes me approx $500 in property taxes. My attorney and I have tried for 6 months to collect their portion of the taxes. (The sales contract state the developer would pay their portion at the time the tax bill was issued) My attorney said for $500 there isn't much she can do. What are my options at this point? Small claims court? I realize that it may be cost prohibitive to go after $500 but I'd like to know what my options are.


Asked on 5/31/07, 12:12 pm

2 Answers from Attorneys

Peter Olson The Olson Law Firm, LLC

Re: New Condo Property Taxes

As for direct litigation I would say you're correct about small claims court being the only option. Of course sometimes money is not an issue and then you might consider getting a lawyer to pursue this matter. Even in the context of small claims, there's probably about $200 in court costs even if you did not use an attorney.

I think it might be smarter to think of non-court ways to pressure the developer. Part of this would depend on the size/prominence of the developer. If they're tiny and even defunct, then there's likely no point in doing anything. But, if they're still in business and trying to develop other properties they likely want to keep a decent reputation. Some thoughts are contacting an alderman, IL Attorney General consumer fraud division, better business bureau...likely others I'm not thinking other. Send out a bunch of letters and cc the developer. No guarantees but I've had success using these sort of extra-judicial remedies.

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Answered on 5/31/07, 12:29 pm
Charles Dobra Charles Wm. Dobra, Ltd.

Re: New Condo Property Taxes

There is a hidden problem with your issue. And that problem is the Doctrine of Merger. IF the agreement is ONLY IN THE CONTRACT, the contract doesn't exist anymore, as it is merged into the deed. Is it possible that you have a proration letter that survived the closing?? If so, THAT is the document you base your small claims case, for breach of contract.

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Answered on 5/31/07, 2:10 pm


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