Do I need a real estate attorney for the sale of my house?

Are you in the process of buying or selling a property? Whatever the case may be, it's essential to have an experienced real estate attorney by your side. Here's why:

1. Complex Legal Documents: Real estate transactions often involve complex legal documents, such as purchase agreements, deeds, and title transfers. An attorney can review these documents to ensure that they are legally sound and protect your rights as a buyer or seller.

2. Legal Expertise: A real estate attorney has the legal expertise and knowledge necessary to navigate the complex laws and regulations that govern real estate transactions. They can provide you with invaluable advice and guidance throughout the process.

3. Contract Negotiation: Whether you're buying or selling a property, negotiations are an integral part of the process. An attorney can assist you in negotiating favorable terms and conditions that meet your needs and protect your interests.

4. Title Issues: Title issues can derail a real estate transaction and result in significant financial loss. A real estate attorney can help you identify and resolve title issues before they become major problems.

5. Dispute Resolution: If you encounter a problem that turns into a dispute between both sides, you want an attorney that can represent you in negotiations or in court and help you achieve a favorable outcome.

6. Peace of Mind: Real estate transactions can be stressful, particularly if you're dealing with legal issues or complex transactions. Hiring an experienced attorney can provide you with peace of mind, knowing that you have a legal expert by your side who is working to protect your interests.

Hiring a real estate attorney can be a smart decision, particularly if you're dealing with complex legal issues or transactions. An attorney can provide you with invaluable legal advice, guidance, and representation throughout the process, ensuring that your rights and interests are protected. Contact a real estate attorney today to learn more about how they can assist you in your real estate transaction.

Personal Liability for LLC Manager in City of Chicago

In another example of the City of Chicago operating by their own set of rules, the City has obtained personal judgment against the Manager of an LLC for unpaid water account debt.

The State of Illinois legislature and Courts have long held the Member or Manager of an LLC is not personal liable for the debts of the LLC. The exception to this standard is wrongful acts or omissions by the Member of Manager (which has typically been fraud). It was this exception to the rule that allowed the Court to rule against the Manager in Gerese Tadros v. The City of Chicago Department of Administrative Hearings, at al (2021 IL App (1st) 200273)).

The Court took the stance to interpret that exception to Member’s or Manager’s to be held liable for wrongful acts or omissions to show a Member or Manager can be held personally liable in certain situations. In addition, the City of Chicago municipal ordinance states, an agent of legal title holder, or person who is authorized to manage or dispose of premises, may be deemed an owner and held liable for water payment. Coupling these two together, the Court took the position the Manager of an LLC, who can be held liable for acts or omissions as owner of a property, therefore can have a personal judgment placed against them by the City of Chicago.

It’s a terrible interpretation of the LLC statute and only underscores the idea the City of Chicago demands to operate by their own playbook. We expect this case law to challenged, but LLC Managers should be aware of it’s existence when dealing with the City of Chicago.