Legal Question in Real Estate Law in Illinois

Unfinished Condo of 5 years

I signed a contract to purchase a condo in 1999. The condo was scheduled to be complete in Dec of 1999. The condo is still not complete. A clause was built into the contract to allow me the option to receive a refund of all earnest money if the project was not complete by Aug 2000. I've come to find out that the 'builder' is owned by the same person who owns the law firm representing project. I spoke to the law firm within the last 6 months and they were more than eager to refund my earnest money if I chose to back out of the contract. However, the property has doubled in value since 1999. A recent search on the tribune website shows that the old builder has sold the property to a new company.

My questions are:

Is it a conflict of interest for the builder and law firm (earnest/escrow holders) to be owned by the same individual?

Is my contract still valid even though the property was sold to a new builder? (Which I'm assuming is owned by the same individual just incorporated under a different name)

Sorry for the lengthiness.


Asked on 5/27/04, 10:28 pm

1 Answer from Attorneys

John Pembroke John J. Pembroke & Associates LLC

Re: Unfinished Condo of 5 years

First, while there may be a conflict of interests because the same person owns the builder and the law firm, it doesn't benefit you, because its not your lawyer. You have to be a client before you are hurt by your lawyer's conflict of interest. And, the concept may apply to ordinary business transactions, but you are not on both sides of the legal services performer-recipient transaction. YOu are simply buying the condo from someone who has more than one business.

Unless there is more, your contract rights over the old condominium to be built should carry over to the new buyer of the development. To be certain, you should have recorded the contract in the chain of title for the underlying Real Estate (unless there was a prohibition to doing so in your contract). But, the buyer can hardly claim ignorance of potential claimants like you, if the property was under construction when it changed hands.

You should take your contract and any related documents and correspondence to a lawyer for review to determine your rights in the circumstances. If the value doubled, its too much money to be exposed without you acting further to protect your rights. Waiting 5 years is unusual in my experience, but there is probably more to your story.

Our comments are based on treating your question as a hypothetical. Accordingly, our comments could be substantially and materially different were we advised of all of the relevant facts and circumstances. Our comments are by necessity general in nature, and should not be relied upon in taking or forgoing action in your circumstances without retaining an attorney. In order to fully explore your legal matter, you should meet with us or another attorney and bring to any such meeting all relevant documents and correspondence, and any other relevant facts.

We are not hired to be your attorney, and no attorney-client relationship exists between us, unless and until you enter into a written retainer agreement with us, tender the agreed amount for a retainer and it is accepted by us. We reserve the right to decline representation should circumstances change.

As you are aware, in Illinois there are various deadlines for filing a complaint, filing an answer to a complaint, or taking other action in order to preserve your legal rights, and avoid a complete loss of those rights. You should retain counsel immediately in order to be fully advised of your rights, and to be fully informed of the applicable time period within which those rights must be asserted. If you were to delay in doing so, it might result in your potential cause of action being forever barred.

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Answered on 5/28/04, 11:56 am


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