Legal Question in Real Estate Law in Illinois

Under stress I signed a rental agreement we were sure we were losing our home.My wife was no present the real estate representative persauded me to sign my wife name we later informed by our mortgage company we qualified for the HAPP program. We saved our home & wanted out he wouldn't refund the money do I have case of intent to defraud us the real estate company is ReMax we never even got keys to the unit.


Asked on 12/12/11, 8:25 am

2 Answers from Attorneys

Walter Palmer Law Office of Walter Palmer

First, after having signed the rental agreement they do not have to let you out of it. Regardless of what else happens, I would insist on getting the keys - don't let them rent this twice.

Complain to the management of the agency and then to the ReMax organization - which is a franchise operation. The 'owner' of the agency is not going to let you out of the contract, but you have to go through that step. You might have better luck with the umbrella organization than with the local agency because ReMax has a reputation to protect.

Litigation will not help unless they refuse to give you the keys. If they do not give you the keys contact Lisa Madigan's (Illinois Secretary of State) office. She regulates realtors and would have some clout either through the Realty function or the Consumer Protection function.

You are clearly entitled to either a release or the keys. Re-read your lease and I very much hope you are allowed to sub-let the apartment.

They are holding to their legal rights, but it is not good business practice, if for no other reason, you can easily broadcast this across the internet. If/When you put their name on the internet, use their entire name.

(PS I am not a trial lawyer.)

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Answered on 12/12/11, 9:54 am

Sounds like you may have been scammed by one of the older scams: they say they'll pay off your mortgage if you give them title and they'll give you a lease in return....for a year or so during which time you can pay them back or .... they kick you out at the end of the year. Or you were evicted after foreclosure of an association lien for failure to pay assessments . . . . This is potentially far too complex for this forum. Take ALL your papers, lease, etc. to an attorney immediately or face loss of your home . . . again!!!

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Answered on 12/12/11, 1:53 pm


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