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And in many cases, a home seller who reneges on a purchase contract can be sued for breach of contract. A judge could order the seller to sign over a deed and complete the sale anyway. ?The buyer could sue for damages, but usually, they sue for the property,? Schorr says.
If you want to transfer real estate in Illinois to a relative or a friend, you might consider doing this yourself by using a quitclaim deed. A quitclaim deed in Illinois is often used to transfer property between close family members or trusted friends.
For example, buyers can back out of real estate contracts if either the seller or buyer did not meet the contingencies in the contract, such as a satisfactory home inspection, financing terms, or required repairs.
Replevin is a statutory remedy in Illinois and is an action in which the owner or person entitled to the possession of goods or personal property (i.e. chattels) from one who has wrongfully detained or wrongfully takes property that belongs to another. This can be found at 735 ILCS 5/19-101.
If you can't find an old deed, check with the County Recorder of Deeds in the county where the property is located. They can tell you where to get a copy of an earlier deed. Make sure to fill in your name and address, and the name and address of the other party involved in the transfer.
Title Search Fee ? This covers the title research work. Fees can vary but typically average around $150 in Illinois. Some companies include it in the title insurance cost. 2.
Title searches are performed by checking public records that have been filed with the local clerk, allowing you to see into the legal history of the property well before you take ownership of it, even down to disputes over the property line.
The most common deed form in Illinois is the warranty deed. Warranty deeds provide a form of protection to the buyer as a warranty by the seller that guarantees no issues with the title. All other deed forms, such as limited warranty deeds and quitclaim deeds, are available and insurable in Illinois.