Legal Question in Real Estate Law in Illinois

Property disclosure issues

I just brought an investment condo in June 2006 and have come to know of things which were not disclosed to me in paper or verbally:

1. The condo had fire last year and was rehabbed but was uninhabitable for 8-9 months; NO property/specific disclosure was given to me at all. There is no visible damage but is this not misrepresentation or fraud and will this not affect my insurance and because this is my investment property will this not affect if I try and sell this place in future?

2. Hoffman Estates village ordered that a special cover/grill be installed on window AC units or it will not meet the code. The seller was aware of this but neither advised/disclosed or got any work done and now this code will be in affect from July 24, 2006.

Do I have any recourse?


Asked on 7/12/06, 3:33 pm

1 Answer from Attorneys
Thomas Moens Moens Law Offices, Chartered

Re: Property disclosure issues

Problem 1: Generally, if there was a defect, and the seller believed in good faith that he repaired the defect, then there is no duty to disclose.

Problem 2: Without reviewing the ordinance or code change and your purchase agreement, I really cannot even give you a guess as to whether the seller is liable for the change. Usually a change in a building code does not require changes to be made in existing dwellings. For example, GFI circuits are now required in kitchens, but there is no requirement that every home replace kitchen outlets if they were installed before the code requirement took effect.

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Answered on 7/12/06, 6:01 pm


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