Little rights for non-member LLC owners

A recent case decision shows the risk involved in acquiring an ownership interest in a Limited Liability Company (LLC) but not being admitted as a member. Mary Doherty v Country Faire Conversion, LLC,  2020 IL App (1st) 192385 involved an LLC membership interest that was foreclosed on and the interest holder’s rights after that in…


Commercial Real Estate Broker Lien

Commercial Real Estate Broker (Realtor) Lien Act Realtors bring together  buyers and  sellers of real estate.  For this service, the seller normally pays a commission to the realtor.  At the closing of this transaction, the realtor then receives a big check. As with most things in life, sometimes things go awry.  Some transactions the owner…


When Secondhand Smoke Invades Your Home

Homeowners and renters can take action against cigarette-smoking neighbors. Non-smoking laws in public places have swept the nation, but until recently, if the smoke wafting into your house, condominium, or apartment from your neighbor’s cigarette bothered you, all you could do was move out. The situation is changing, however, and non-smokers bothered by their neighbors’…


Neighbors and Noise

What’s Below: Are noisy neighbors breaking the law? How should I approach my neighbor about a noise problem? Can I sue a noisy neighbor? Isn’t my landlord supposed to keep noisy tenants quiet? My neighbor’s dog barks all the time, and it’s driving me crazy. What can I do? Are noisy neighbors breaking the law?…


Renting with Others

Learn to avoid disputes among roommates or with the landlord. When two or more people sign the same rental agreement or lease — or enter into the same oral rental agreement — they are cotenants and share the same legal rights and responsibilities. However, there’s a special twist. One cotenant’s negative behavior — not paying…


Eviction Procedures

Below are some guidelines for evicting a person in Chicago. Most of this Document assumes that the rental unit is covered by the Residential Ordinance. Under this Document the Chicago Residential Landlord Ordinance, Chicago Municipal Code Title 5 Chapter 12 is referred to as the RLTO. You can obtain a copy of this Ordinance on…


Are Realtors liable if you buy a defective property?

Let’s say you buy a property built on sand. Then as the Good Book says, a storm happens and the house collapses. Is the realtor liable to you because he didn’t tell you that houses built on sand are not very stable? Probably not. In Illinois Normally a realtor can rely upon the disclosures of…


Continuing a sheriff sale does not violate the automatic stay

Representing a lender in a long drawn out battle with a borrower over a nonpayment on a balloon mortgage.  The note was secured by a vacate 3 story industrial property.  Foreclosure was strenuously contested.  Twice the borrower filed for Chapter 11 protection on the eve of the sheriff’s sale.  In Illinois a sheriff’s sale terminates…