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Illinois Real Estate Contract

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What is an Illinois Real Estate Contract?

An Illinois real estate contract is a legally binding document that outlines the terms and conditions of a real estate transaction between a buyer and a seller. It typically includes information like the purchase price, closing date, property address, and any contingencies or conditions that must be met before the sale can be completed.

The contract is usually prepared by a real estate agent or attorney and is reviewed by both the buyer and the seller before it is signed. It is vital that both parties understand the terms of the contract and any potential risks or liabilities before signing.

In Illinois, real estate contracts must comply with state laws and regulations, including the Illinois Residential Real Property Disclosure Act, which requires sellers to disclose any negative conditions or issues with the property that could affect the property value.

Common Illinois Real Estate Contracts

There are two contracts that are regularly used in real estate transactions in Illinois:

  • Chicago Association of Realtors Contract . Used by realtors who are members of the Chicago Association of Realtors when selling or purchasing single family homes, townhomes, or shared community associations.
  • Multi-Board Realtor Contract . A real estate contract used for any type of residential real estate transaction.

4 Essential Elements of an Illinois Real Estate Contract

Real estate contracts in Illinois must include essential elements to be considered a legal and binding agreement. The four essential elements of an Illinois real estate contract to according to Illinois state laws are:

  1. The contract must be in writing
  2. The parties need to show mutual agreement on the terms
  3. The parties must both be competent and legally allowed to enter a contract
  4. The contract cannot violate any laws

What Must Be Included in an Illinois Real Estate Contract?

All real estate contracts need to include specific information to be legally enforceable. The required information varies by state, but Illinois real estate contracts should include the following information:

  • Parties involved. The contract must identify the buyer and seller by name.
  • Property details. The contract must clearly describe the property being sold, including the address and legal description.
  • Purchase price. The contract must state the agreed-upon purchase price for the property.
  • Terms and conditions. The contract must include any contingencies or conditions that must be met before the sale can be completed, such as the buyer obtaining financing or the property passing inspection. The contract should also include the closing date and any other terms of the sale.
  • Earnest money deposit. The contract must state the amount of the earnest money deposit required by the seller and should be accompanied by the deposit check.
  • Disclosure. The contract must include all the disclosures required by the state of Illinois, including lead-based paint, radon gas, and any other material facts about the property that may affect its value.
  • Signatures. The contract must be signed by both the buyer and the seller.

What is Attorney Review in Real Estate in Illinois?

Attorney review is a clause added to real estate contracts in Illinois that gives both parties the option of modifying or terminating a real estate contract without legal repercussions. The attorney review period is usually five business days and begins on the day that the parties sign the real estate contract.

During this time, the party’s attorneys will review the contract and decide whether to approve, reject, or negotiate terms of the contract. If there are issues with the contract, either party can choose to terminate the contract. This clause gives both parties an extra layer of protection because it provides time for a real estate lawyer to ensure that the contract is legal, fair, and in their party’s best interest.

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Dan "Dragan" I. on ContractsCounsel
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5.0 (17)
Member Since:
September 21, 2022

Dan "Dragan" I.

Principal Attorney
Free Consultation
Chicago, Illinois
25 Yrs Experience
Licensed in IL
University of Illinois College of Law

I received a bachelor’s degree in philosophy from Northwestern University in 1996 and then got my JD at University of Illinois College of Law in 1999. I have been a lawyer helping people with legal issues in the United States and Internationally since then. That includes litigation as well as contracts/transactions. I am also passionate about helping small and medium businesses with trademark registration and trademark-related legal projects. The law can be confusing and complicated for people, and I am passionate about providing professional legal services to my clients while simultaneously making the legal process less confusing and stressful for them. My goal is to help clients navigate through both good and difficult times by tailoring my skills, experience, and services to their specific needs. I am currently licensed and authorized to practice before the Illinois courts and the United States District Court for the Northern District of Illinois. Internationally I am one of a select few American attorneys licensed and authorized to practice before the United Nations ICTY/IRMCT, the International Criminal Court, and the State Court of Bosnia-Herzegovina. Clients have retained me internationally alongside local counsel in several European countries, Australia, and Africa in private legal matters. I have also been appointed by the United Nations to represent persons at the ICTY/IRMCT and chosen by indigent accused to represent them. Since 2009 my law firm has handled domestic and international cases, including Trial litigation (including Commercial, Premises Liability, Personal Injury, Criminal Defense, and General Litigation) and Transactional work (Contracts, Corporate formation, and Real Estate Transactions). I enjoy helping less experienced practitioners and students evolve and improve. I served as an instructor/lecturer on Oral Advocacy and Trial Practice for the participants of the ADC-ICT & ICLB Mock Trial since 2014, and have presented Advocacy Training lectures for the ADC-ICT on several topics as well as regularly lecturing to visiting University and Bar groups from around the world. If you or a loved one have a legal matter of importance, let's see if I can help you with it!

Curt B. on ContractsCounsel
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5.0 (3)
Member Since:
March 25, 2023

Curt B.

Managing Partner
Free Consultation
Los Angeles, California
10 Yrs Experience
Licensed in CA, DC, FL, IL, MI
UCLA School of Law

Curt Brown has experience advising clients on a variety of franchising, business litigation, transactional, and securities law matters. Mr. Brown's accolades include: - Super Lawyers Rising Star - California Lawyer of the Year by The Daily Journal - Pro Bono Attorney of the Year the USC Public Interest Law Fund Curt started his legal career in the Los Angeles office of the prestigious firm of Irell & Manella LLP, where his practice focused on a wide variety of complex civil litigation matters, including securities litigation, antitrust, trademark, bankruptcy, and class action defense. Mr. Brown also has experience advising mergers and acquisitions and international companies concerning cyber liability and class action defense. He is admitted in California, Florida, D.C., Washington, Illinois, Colorado, and Michigan.

Ryenne S. on ContractsCounsel
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4.9 (371)
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October 11, 2022

Ryenne S.

Principal Attorney
Free Consultation
Chicago, IL
14 Yrs Experience
Licensed in IL
DePaul University College of Law

My name is Ryenne Shaw and I help business owners build businesses that operate as assets instead of liabilities, increase in value over time and build wealth. My areas of expertise include corporate formation and business structure, contract law, employment/labor law, business risk and compliance and intellectual property. I also serve as outside general counsel to several businesses across various industries nationally. I spent most of my early legal career assisting C.E.O.s, General Counsel, and in-house legal counsel of both large and smaller corporations in minimizing liability, protecting business assets and maximizing profits. While working with many of these entities, I realized that smaller entities are often underserved. I saw that smaller business owners weren’t receiving the same level of legal support larger corporations relied upon to grow and sustain. I knew this was a major contributor to the ceiling that most small businesses hit before they’ve even scratched the surface of their potential. And I knew at that moment that all of this lack of knowledge and support was creating a huge wealth gap. After over ten years of legal experience, I started my law firm to provide the legal support small to mid-sized business owners and entrepreneurs need to grow and protect their brands, businesses, and assets. I have a passion for helping small to mid-sized businesses and startups grow into wealth-building assets by leveraging the same legal strategies large corporations have used for years to create real wealth. I enjoy connecting with my clients, learning about their visions and identifying ways to protect and maximize the reach, value and impact of their businesses. I am a strong legal writer with extensive litigation experience, including both federal and state (and administratively), which brings another element to every contract I prepare and the overall counsel and value I provide. Some of my recent projects include: - Negotiating & Drafting Commercial Lease Agreements - Drafting Trademark Licensing Agreements - Drafting Ambassador and Influencer Agreements - Drafting Collaboration Agreements - Drafting Service Agreements for service-providers, coaches and consultants - Drafting Master Service Agreements and SOWs - Drafting Terms of Service and Privacy Policies - Preparing policies and procedures for businesses in highly regulated industries - Drafting Employee Handbooks, Standard Operations and Procedures (SOPs) manuals, employment agreements - Creating Employer-employee infrastructure to ensure business compliance with employment and labor laws - Drafting Independent Contractor Agreements and Non-Disclosure/Non-Competition/Non-Solicitation Agreements - Conducting Federal Trademark Searches and filing trademark applications - Preparing Trademark Opinion Letters after conducting appropriate legal research - Drafting Letters of Opinion for Small Business Loans - Drafting and Responding to Cease and Desist Letters I service clients throughout the United States across a broad range of industries.

Jingjing L. on ContractsCounsel
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Member Since:
October 14, 2022

Jingjing L.

Attorney
Free Consultation
London, UK
7 Yrs Experience
Licensed in IL
University of Chicago Law School

I am a dual qualified (Illinois; England & Wales) transactional lawyer with about 6 years of legal experience. I'm very commercial and pragmatic in my approach, and I provide clear and timely service. I have worked in two of the top international "big law" firms focusing on corporate, private equity, insurance and financial services work. I'm now working in-house at a Fortune 500 company and have a wide range of experience with commercial and corporate contracts as well as legal and regulatory research.

John B. on ContractsCounsel
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Member Since:
June 21, 2023

John B.

Principal Attorney
Free Consultation
Indianapolis, IN
14 Yrs Experience
Licensed in IL, IN
University of Illinois Chicago School of Law

I am an attorney with over 13 years experience licensed in both Illinois and Indiana. I spent the early part of my career as a civil litigation attorney. Eventually, I moved into an in-house role, specifically as general counsel, to help companies avoid the pains of litigation. In doing so, I gained significant experience in executive leadership, corporate governance, risk management and cybersecurity/privacy. I bring this wealth of experience to my client engagements to not only resolve the immediate issue, but help implement lasting improvements in practices to avoid similar problems going forward.

Daniel K. on ContractsCounsel
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Member Since:
August 9, 2023

Daniel K.

Founder and Managing Partner
Free Consultation
Chicago
8 Yrs Experience
Licensed in IL, NJ, PA
Drexel University Thomas R. Kline School of Law.

My practice focuses on business and commercial litigation. I have worked with companies of all sizes from sole member LLCs to those in the Fortune 500. I've advised clients on mergers, equity issuances, commercial transactions, joint ventures, employment issues, and non-competition. I've also drafted and negotiated the underlying agreements for these transactions and more.

Megan W. on ContractsCounsel
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Member Since:
July 5, 2023

Megan W.

Principal Attorney
Free Consultation
Aurora, IL
10 Yrs Experience
Licensed in IL
DePaul University College of Law

My solo attorney law office is focused heavily on Family Law, but I also do residential real estate, and prepare Wills & Trusts.

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Real Estate

Real Estate Contract

Georgia

Asked on Mar 18, 2022

WHAT ARE YOUR FEES TO PERFORM QUIT CLAIM DEED COMPLETE BUTTS COUNTY GEORGIA 30233

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Meghan T.

Answered Mar 29, 2022

Hi. The cost for my practice to prepare a Quit Claim Deed is $99. The Cost for me to handle the closing is $250 plus recording fees. These costs apply for any county within the state of Georgia. Let me know if you have any more questions. Meghan K Thomas

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Real Estate

Real Estate Contract

New York

Asked on Dec 26, 2021

Can you purchase or refinance under a land contract?

I’ve been living here for 2 years. Currently have been working with my credit union and they are having a terrible time trying to understand the legalities of my land contract first off, and secondly they just don’t seem to know what they are doing. It’s been over 8 months, 4 different loan officers and I’m once again waiting for someone else to help finish this thing out. It’s only $60,000 with a $120,000 appraisal. So, as of now I am stuck paying 2.5x monthly under this land contract than I was promised would be an easy mortgage process. So any guidance in the right direction would be very helpful. It’s a New York home. 20 yr fixed, no balloon, with a (brace yourself) 12% apr. HELP ME PLEASE! One month I’m being told to authorize a credit check for a first time homebuyer grant method of mortgaging this property. The next it’s authorizing it for a refinance. I do have earnest money deposits for over $3,000 and another $3000 paid towards principal under this land contract also.

Jane C.

Answered Jan 11, 2022

I suggest you speak with a New York real estate attorney. That attorney needs to review the documents related to the transaction.

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Real Estate

Real Estate Contract

Illinois

Asked on Mar 27, 2022

what is better to buy land or rent for construction in US?

we are a construction company from Ukraine, we are planning to build a cottage town in the USA

T. Phillip B.

Answered Apr 5, 2022

I suppose it doesn't matter if you have the lease giving you permission and the lease is long enough to justify the building expense when you won't own it. But I'd buy the land so you could eventually sell the property with the building on it.

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Real Estate

Real Estate Contract

Georgia

Asked on Mar 24, 2022

How many years does a quick claim become effective?s

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Meghan T.

Answered Mar 29, 2022

A quit claim deed is effective upon execution so long as the deed is dated as of the date of signature. Execution means that the deed is signed, in front of a witness and a notary. The witness and notary must also sign the deed. Finally, the deed must be recorded. This means that the deed must be submitted to the Superior Court recording office of the County in which the property sits. Please let me know if you have any questions. Thanks, Meghan K Thomas

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