Legal Question in Real Estate Law in Illinois

My parents sold a property as a "Contract for Deed". The contract required the buyer to pay a 10% down payment in two installments, a monthly payment for 5 years, and a balloon payment for the remainder amount after 5 years.

The buyer paid the first installment of the down payment but is now delinquent on the second down payment, as well as two monthly payments.

After the initial payment, my parent's broker called saying the seller is asking for money to fix up the place, even though my parents sold the property in "as-is" conditions and is clearly stated in the contract. But my parents (almost 80years old) sent the broker $1000, and thought that was the end of it. The broker then became unreachable for about a month, when my parents finally got hold of him last week, he wants my parents to give more money to the seller to fix up the place. Again my parents agreed to give some more money, but only after the buyers paid the remaining down payment and the two delinquent monthly payments.

Now my parents are stuck in a limbo. They haven't heard from the broker again and I seriously doubt they will. And I am worried because I doubt the buyer will be paying for the utilities, property tax, and the upkeep for the property since they are not paying my parents.

It is very likely that my parents will have to hire a lawyer to sort this out. But I just want an idea first on how best to proceed with this.

Thanks.


Asked on 2/16/11, 3:02 am

1 Answer from Attorneys

Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

The best way to proceed with it is to hire an attorney as it does not sound like anything that you can do without one is going to accomplish anything. The fact that this has started so early is a clear indication that these people had a plan all along. The broker should not even be involved at this point so I am curious why he or she is tellling your parents to pay.

Read more
Answered on 2/16/11, 4:14 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in Illinois