Legal Question in Real Estate Law in Illinois
i was in negotiations to purchase a property in illinois. when i rec'd the contract, it had an addendum stating the seller did not own the mineral rights. this was never disclosed even though i asked if there were any encumbrances. therefore, i declined his contract. now he is suing me under promissory estoppel saying we had an oral agreement and i am liable for work he had performed on another property in anticipation of his sale to me. could the judge rule against me?
3 Answers from Attorneys
Contracts for sale of real estate, in Illinois, must be in writing. It was his risk to perform any work prior to a sale contract unless you agreed in writing to pay for this work whether or not you entered into a real estate sale contract. Could a judge rule against you? Possible. Does that mean you were wrong? Not necessarily.....for best results present whatever paperwork you have to an attorney to review. Not knowing how much is at stake for you, you have to decide.
Atty Messutta is correct about RE Contract needing to be in writing.
A judge could possibly rule against you (no one can predict the behavior of judges).
I would suggest consulting with, and if legal action is taken against you, retaining an attorney.
Good Luck!
I agree. I suggest that you retain an attorney to write a strongly worded letter that should make this go away. Contact a lawyer locally or feel free to contact me. Good luck.
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