Legal Question in Real Estate Law in Illinois

I recently bought a home in a home rule town in Illinois. It turns out the previous owner did not pay the water bill before closing. The town has no transfer stamps, and no one found out that the water bill wasn't paid. Apparently the town has been accruing the water bill for at least three years, and never even filed a lien, so nothing showed up on title. The person I bought the house from only owned it for about ten months and apparently never transfered water service into his name. The town is trying to force me to pay the entire past due water bill (which is fairly large).

Ignoring who's fault it is that the water bill was not paid (i.e. realtor, lawyer, etc.), do I have an argument with the town? Here is an excerpt from the village code: "If any person vacates any premises where water and/or sewerage service is used without notifying the director of public works and paying the balance of the charge due therefor, then the new owner or occupant of the premises shall be liable for and obligated to pay such delinquent charge."

I have been researching, and the state statutes relating to this appear to say that the town must give notice and file a lien, and that a new purchaser (i.e. me) is not responsible for such a water bill if no lien was filed. No lien was filed. However, the town is a home rule town. Does that mean they can violate the state law about notice and lien?

Do I have an argument with the town or not? The water bill is substantial and I don't want to pay the bill for time I didn't own the property.


Asked on 6/24/10, 3:59 pm

1 Answer from Attorneys

Please provide citations to both your local code and the State law you're referring to.

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Answered on 6/24/10, 7:56 pm


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