Legal Question in Real Estate Law in Illinois
Contract for Deed
I would like to know if I have a case. I bought a house contract for deed from a guy in peoria Illinois. When I bought the house, I asked him if the lot next door to the house would be part of the deal, he told me yes. I was also aware of two code violations that the city has put on the house. As I begin working on the house I am finding more and more things that need or should have been done before the house was sold. I was told the central air conditioner worked. It does not. The foundation is rotting and the house is not level.I feel that I have been fraudulatly sold a house that should have not been sold to begin with. There was no appaisal on the house at all. I am stuck paying $420 a month for the next 30years on house that needs drastic repair. There was a gas leak in the house there should have been taken care of. I also have a disable woman living with me and her bathroom is totally not safe for her to use. The shower is falling through the floor. Because the water from the shower is rotting the wood around it. She can use the toilet but that is about it. I have another bathroom that she uses. Do I have a case against him?
1 Answer from Attorneys
Re: Contract for Deed
You are not stuck. Simply move out and stop making payments. You go into breach - for which there is not particular penalty - and walk away from the deal.
I doubt that you can collect damages because you have a duty of due diligence - that is you have to inspect the property.
Actually, the house is not sold until the contract is completed and that will not be for 30 years. You are lucky you have a contract for a deed and not a conventional deed and mortgage - there you -would- be stuck.
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