Legal Question in Real Estate Law in Illinois

Can I get my Money back?

Hello My girlfriend and I purchased a house together. The house was bought in her name (my credit was really poor). We needed to put down a large chunk of money to get the loan. I came up with $10,000 and had the lawyer who was doing the closing draw up a contract that stated if I moved out of the house my girlfriend would have to pay me back the money. well it seems that I will no longer be living in the house because she crazy. My question is how valid is this contract that I have? will it really hold up in court if it goes that far? Thanks.


Asked on 10/28/03, 1:48 pm

1 Answer from Attorneys

John Pembroke John J. Pembroke & Associates LLC

Re: Can I get my Money back?

If you had a lawyer draw up a contract to get your money back, it should be enforceable in court. I can't say for sure without looking at it, but if it is signed by your girlfriend, and says what you just told me, it's enforceable.

The unfortunate reality is that the legal costs of a lawsuit may have to come out of your recovery, unless your lawyer also included a clause providing for attorney fees to the prevailing party. I recommend that you consult with a lawyer who would sue, or the lawyer who drafted the contract, on your rights in the circumstances.

Our comments are based on treating your question as a hypothetical. Accordingly, our comments could be substantially and materially different were we advised of all of the relevant facts and circumstances. Our comments are by necessity general in nature, and should not be relied upon in taking or forgoing action in your circumstances without retaining an attorney. In order to fully explore your legal matter, you should meet with us or another attorney and bring to any such meeting all relevant documents and correspondence, and any other relevant facts.

We are not hired to be your attorney, and no attorney-client relationship exists between us, unless and until you enter into a written retainer agreement with us, tender the agreed amount for a retainer and it is accepted by us. We reserve the right to decline representation should circumstances change.

As you are aware, in Illinois there are various deadlines for filing a complaint, filing an answer to a complaint, or taking other action in order to preserve your legal rights, and avoid a complete loss of those rights. You should retain counsel immediately in order to be fully advised of your rights, and to be fully informed of the applicable time period within which those rights must be asserted. If you were to delay in doing so, it might result in your potential cause of action being forever barred.

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Answered on 10/29/03, 10:04 am


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