The seller of a piece of real estate has an obligation to disclose defects in the property before the sale. If she/he does not disclose the defect, she/he may be liable to repair the defect. This applies whether the property is a single-family home, multi-use property or condominium.

If the seller of property makes a false statement about the condition of the property they are selling, they may face a suit for fraud. Fraud is generally a charge brought when a Seller knowingly misstated the condition of a property. If the Seller is a business, they may be charged with Consumer Fraud and have additional penalties under the Illinois Consumer Fraud Act (ICFA). If a remodeler does not comply with the Home Repair and Remodeling Act, they can be held liable under the ICFA and owe penalties and attorneys’ fees.

Partition involves dividing up real estate owned by partners where the parties cannot agree whether the property should be sold and if sold, how the proceeds should be distributed. This often occurs where partners to a piece of property or an investment have a falling out resulting in their desire not to own the property jointly any further.

When the title to a property does not properly reflect the current ownership, or it is not clear from the chain of title how the person claiming to be in title got in title, the matter needs to be resolved by a Quiet Title Action.