Legal Question in Real Estate Law in Illinois

I own a house in Illinois. I sold it via Contract for deed to a couple in Illinois for $5,000 down and a $425 first month's payment both in cash and then moved to Arizona with my family. The couple split up in the first month and the female moved out. The male was told he needed to establish a new contract with just his name but never did. When the 2nd payment came due though it was not paid. I gave notice. No response. Because of the breakup I attempted to work with the male but he would not tell me anything and told me to speak to his lawyer (though at the time I had no idea why).

I tried contacting the lawyer and him trying to find our why the payment wasn't being paid and if I could help. After no responses from either of them I decided to just enforce the contract that was agreed to and gave him 14 days from notifying him his payment was late to pay the payment and the late payment and when he didn't the contract was ended and I gave him (as the contract stated) 21 days to vacate. On the date of the contract ending his lawyer finally contacted me saying there were inconsistencies in his contract and that his client "...is hereby terminating the agreement" and "demands that his $5,000.00 be returned to him" because of these inconsistencies.

I responded pointing out that the contract was already ended because of his default by the time the letter was received. I also responded explaining that his so called "inconsistencies" were not inconsistencies at all and re-explained the contract as it was written.

However now I receive word (since I no longer live in the state) that he has removed the appliances from the property without my permission. I have no idea if he's holding these hostage until he receives his $5,000.00 or what but I gave him until the end of the weekend to return them with proof that he had done so or I was calling the police.

I have contacted a lawyer in the state the house is in and am currently waiting for a response. But just wondering what I am legally able to do from here. He is supposed to be moved out in 19 days which will be 35 days from the date of notice of the default and 36 days from the date the payment was due. Do I start eviction proceedings? If so what does that entail? Am I legally able to just get the locks changed the day after he is supposed to move out and consider it trespassing if he tries to get in? (If you're a lawyer that can actually help me with this and can give me a quote please email me for more details)


Asked on 4/19/15, 8:29 am

1 Answer from Attorneys
Thomas Moens Moens Law Offices, Chartered

Without reviewing your contract, it would be impossible to make any suggestions. Generally a contract must be forfeited or foreclosed to terminate the parties' respective rights and responsibilities.

Read more
Answered on 4/20/15, 7:24 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in Illinois