Legal Question in Real Estate Law in Illinois

A couple of years back, I personally purchased residential real estate for investment purposes. A short time after purchasing the property, I was approached by a local real estate developer that was interested in my property. The developer owned additional property on the same block and was interested in my property, but he never presented me with a written offer or contract to purchase. That same developer donated his property to the local Village Fire Department for practice purposes, the Fire Department did not only practice on his property, but they also practiced on my property. I never executed any documentation to allow the training and it occured with out my knowledge or consent. My property address was added on to the indemnification and hold harmless that was executed by the developer. I have estimates in the neighborhood of $150,000 - $180,000 to repair damages to the property and I have been unable to rent it. The developer has since left the country. I believe that the Village had some duty to perform due diligence on / with the owner of the property prior to performing training sessions.


Asked on 11/21/09, 11:45 pm

2 Answers from Attorneys

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Answered on 11/27/09, 7:34 am
Stephen Messutta

Have you gone to the Village to find out why the Fire Department thought they had the right to go on your property? Did you have fire insurance? Due diligence includes something called "constructive notice" which means if they've been given the right to practice on one house but see another nearby, they have a duty to avoid damage to that house unless it clearly falls under the practice authorization given. And if you don't start asking questions or filing a claim someplace, you could wind up losing your rights -- there are time periods within which you must act ("statue of limitations") and you don't say how long it's been since this happened!!! If you spent enough money for the property, you might want to spend a bit following up legally. Good luck.

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Answered on 11/27/09, 10:00 am


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