Legal Question in Real Estate Law in Illinois

property law

My husband and I recently closed on a residence in the city of Chicago. We went to closing with the condition that the property was ''sufficiently complete.'' Now, 30 days later, the city of Chicago still won't issue a certificate of occupancy due to some issue with the water/sewer system. The property was supposed to have been delivered on June 1, 2007. We have been living like transients in month-to-month rentals b/c no one will give us an honest answer on when the work should be done. Also, there has been absolutely no progress (no one has even shown up) since last Tuesday. I'm just wondering if we have a leg to stand on as fas asking for some sort of renumeration. Also, is it worth our time/money to even pursue legal action against the developer or the city or will that do more harm than good?

Thanks


Asked on 9/05/07, 11:38 am

1 Answer from Attorneys
Peter Olson The Olson Law Firm, LLC

Re: property law

Well, I don't think you have hope of doing anything against the City of Chicago. In hindsight, we strongly urge clients not to close until a Certificate of Occupancy has been issued for this very reason.

I think the main thing I'd wonder about is what agreement was signed at the closing regarding finishing this stuff? What was to be done? Any deadline? Because generally any pre-closing agreements aren't enforceable post-closing. I think you should consider trying to put pressure on the developer through all means possible: Alderman, letter to IL Attorney General consumer fraud division, letter to Better Business Bureau, ect...in other words non-legal pressure points. Any possible legal cause of action likely won't arise until this is resolved and you see what your total damage really is.

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Answered on 9/05/07, 12:59 pm


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