Posted on June 25, 2024 in Real Estate

Buying a house is complicated, especially if this is your first time. The entire process can take months or even a year. In the current housing market, most buyers will bid on multiple houses before finding the right one. It is fairly common for buyers to have a house under contract only for the sale to fall through for various reasons. Being represented by a DuPage County, IL real estate sales attorney with plenty of experience during the process can lead to a smoother experience and help you avoid many of the pitfalls that first-time buyers often encounter. While a real estate agent can help you search for properties, only an attorney can help you avoid legal issues that may arise in the future.

How a Real Estate Attorney Can Protect First-Time Buyers

Going from renting to owning is a major milestone - and a significant financial investment. With housing prices as high as they are, most people spend years saving up for a house before they are ready to put a deposit down. Having an attorney to protect you during this process can make a big difference. A few of the reasons first-time buyers should have a lawyer are: 

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 Posted on June 14, 2024 in Estate Planning

If you are wondering when it is time to start making an estate plan, the answer is right now. Whether you are a young adult, middle-aged, or older, you need an estate plan. No one wants to think about the possibility of dying or becoming unable to express their wishes sooner than expected, but it is wise to have a contingency plan in place. A good estate plan covers not only what would happen to your property if you passed away but how your medical care would be handled if you were hurt and could not speak for yourself. An experienced Cook County, IL estate planning lawyer can help you create the right plan for the stage of life you are in.

Why Young Adults Need an Estate Plan 

When young people pass away unexpectedly, their loved ones often have a more difficult period of mourning than they would for an elderly family member whose death was expected. Adding the stress of intestate probate (probate without a will) can make a hard time harder. Even if you do not own much, having a simple will or trust can make the process easier.

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 Posted on May 17, 2024 in Real Estate

Contrary to how they are often portrayed in media, landlords are often very understanding with tenants who have fallen behind on rent or violated the lease in other ways, especially when the tenant in question is struggling. You may not want to evict a tenant because you have sympathy for his or her situation. However, there are times when a landlord must make the difficult decision to begin eviction proceedings. If your tenant is too far behind on rent payments, is destroying your property, or is disturbing or endangering your other tenants, it may be time to start the eviction process. A Cook County landlord representation attorney can help you understand your legal rights and responsibilities when it comes to deciding whether to evict a tenant.

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 Posted on May 03, 2024 in Estate Planning

Having a baby or adopting a child can be one of the most exciting and fulfilling things you will ever do. You are likely deeply committed to doing everything you can to protect and care for your child. One of the things all parents of minor children should do to protect their children is to make a will naming the person they would like to become their children’s guardian in case the parents pass away before their child becomes an adult. Parents can also use a trust to preserve their property for their children in the long term. A DuPage County, IL estate planning lawyer can help you create an estate plan that can provide your children with security in the future.

Naming a Guardian in Your Will 

One of the few things you can do with a will that you cannot do with a trust is to name the person or couple you would want to take custody of your children in case the worst happens, and you pass away, leaving your minor child without a parent. While this is highly unlikely, life is unpredictable, and it is best to be prepared for any situation

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 Posted on April 18, 2024 in Real Estate

When you are buying real estate, you must make sure that the type of deed you take adequately protects you. Not all deeds are created equal. Allowing a seller to transfer you a weak type of deed could mean that you find out years later that the seller never actually owned the property - and neither did you. Any deed offered by the seller should be reviewed by an experienced Cook County, IL real estate attorney. A lawyer can make sure that you are well-protected if any issues arise after the sale or draft the deed himself to make sure it contains language holding the seller accountable for certain problems you might encounter later.

Why You Should Avoid Quitclaim Deeds 

If you are ever offered a quitclaim deed, it is best to walk away from the sale, no matter how much you like the property or how reasonable the cost is. The problem with quitclaim deeds is that they may or may not actually convey anything. A quitclaim deed essentially says, “I may or may not have any ownership interest in this property, but if I do I am transferring it to you.” If it turns out that the seller did not have any ownership interest in the property, you have effectively paid for nothing. There is also the possibility that the seller is only a co-owner and someone else might still co-own the property you just bought.

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 Posted on April 04, 2024 in Real Estate

If you are thinking of buying a multi-unit building and becoming a landlord, you will likely need to work with tenants who are already living in the building. Unless you are buying a newly constructed apartment building or refurbishing an abandoned one, the property is probably occupied by existing tenants. In most cases, you will be bound by the terms of your new tenants’ leases. You probably cannot remove tenants until their leases expire. Buying an occupied apartment building comes with both risks and benefits. It is important to speak with your Cook County, IL real estate attorney about how ongoing leases may impact your transaction.

Risks of Buying a Building With Current Leaseholders 

You must honor existing leases when you buy an occupied residential building. Some of the risks involved may include:

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 Posted on March 27, 2024 in Real Estate

A leaseback is when a homebuyer allows the seller to remain in the home for a certain period of time after closing. The seller generally pays rent to the buyer during this period. Agreeing to a leaseback creates a new landlord-tenant relationship between the buyer and the seller, with the seller becoming the buyer’s legal tenant. Sellers often request this arrangement when they are ready to sell but, for some reason, cannot completely vacate the residence before closing. There are some risks involved for both the buyer and the seller in a leaseback. If you are considering agreeing to a leaseback, it is important to consult an experienced Cook County real estate lawyer first.

What is the Risk to a Homebuyer in a Leaseback? 

There are a few risks to a homebuyer in a leaseback, including:

• Seller does not vacate- If the date the leaseback period was supposed to end comes around and the seller is still living in the residence, you may be forced to formally and legally evict them. The eviction process can take several months. If you are currently renting or have a buyer lined up for the home you are in now, this can create problems if you are then unable to move into your new home on time.

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 Posted on March 14, 2024 in Estate Planning

Powers of attorney are absolutely essential for protecting yourself should you become incapacitated. If you do not have powers of attorney in place and begin to suffer from an age-related disease like dementia, or you have a serious accident and suffer brain damage, the court will likely need to step in and choose someone to manage your affairs and make medical decisions for you. While incapacitated, you will have no say in who the court chooses. If you do have powers of attorney, there is no need for the court to get involved. The people you chose can simply step in and begin performing the roles you appointed them to. It is best to have the help of a Cook County, IL estate planning lawyer when you create your powers of attorney.

Types of Powers of Attorney You Need 

There are several different types of powers of attorney. You may want separate powers of attorney for healthcare, for personal decision-making, and for financial management. The person you would want to manage your finances and access your bank account to pay your living expenses might not be the same person you would want to decide where you should live.

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 Posted on February 27, 2024 in Real Estate

Buying a house can be a challenging process filled with potential pitfalls. While the perfect home and the perfect real estate deal may not exist, there are some warning signs of a bad deal that you and your Chicago, IL, real estate attorney can look out for. From questionable sellers to outright scams and mortgage companies committing fraud, the residential real estate market can be a minefield. This is why it is so important to have legal representation. An experienced attorney will know what to look for to make sure that you are getting a fair deal when you set out to buy a home. If something about your real estate transaction feels wrong or “too good to be true,” it probably is. Always seek the advice of an attorney before committing to buying a house.

Warning Signs of a Real Estate Deal You Do Not Want to Take 

Taking a bad deal can leave you at best, with costly repairs to cover, and at worst, out of money and with no home to show for it. Warning signs that usually mean you should walk away from a sale include: 

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 Posted on February 07, 2024 in Real Estate

The home inspection conducted by a licensed professional is a critical part of the home-buying process. Whether you are buying your first-ever family home or have been through the process several times already, it is important to know what types of issues to look out for in the inspection report. Unless you are purchasing a brand-new home and will be the first person living there, the house you are interested in likely has some level of damage from years of wear and tear. The question is, what types of damage or issues should you be concerned about, and which are entirely normal? Few lived-in homes are in perfect condition, so there is no reason to be alarmed just because the inspector has identified a problem or concern. However, some types of damage or issues could be unsafe for your family or lead to costly repairs soon. An Oak Brook, IL, real estate lawyer can help you decide whether a property is right for your family. 

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