Legal Question in Real Estate Law in Illinois

property sold - as is

In neogiating the purchase of a residential property, I was advised my my attorney to accept said property - ''as is''. I resisted as it was over $400,000. On taking possession I discovered damage to windows that had been covered. It will cost me approximately $30,000 to repair and replace these windows. My attorney tells me I have little recourse. as sellors have moved to another state.

Asked on 2/25/04, 1:13 pm

2 Answers from Attorneys

Thomas Moens Moens Law Offices, Chartered

Re: property sold - as is

With all due respect to Ms. McDonagh, her response is not necessarily the case. If the seller was aware of a latent defect (that is, one which cannot be discovered by reasonable inquiry and inspection), and failed to disclose that defect to you, the seller may be liable. I'm not sure if the defect you describe is included in the Illinois seller disclosure statement. If it is, and the seller failed to disclose a known defect in that statement, you have one year to bring a lawsuit against the seller for the failure to disclose. Contact another attorney in your area versed in real estate law.

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Answered on 2/26/04, 9:05 am
Mary McDonagh McDonagh-Faherty Law Offices

Re: property sold - as is

Once you take the property as is, you are stuck with it.

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Answered on 2/25/04, 2:15 pm

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