Illinois Contracts Legal Questions

First of all, if you are not satisfied with the attorney you have retained, you should find another attorney. The attorney/client relationship is a trust relationship. If you do not have confidence in or trust your attorney, it is time for a change. Beyond that, I get the impression from what you have written above that there is a signed agreement as well as some verbal promises or statements. The fact that you never settled on a dollar amount leaves some big loose ends. Many attorneys, in spite of the common perception, are very sensitive to their clients' financial situations. The standard measure of fees is the hourly rate, especially in litigation like divorce, but attorneys will often discount the fees up front or after the fact based on their clients' situations. Many if not most attorneys really do want to help their clients. They cannot work for free of course. A law school education is expensive, and everyone would be an attorney if it were easy. I encourage you to talk with your attorney again. Also, talk with other people about your attorney (if you have not already done so) and find out what the attorney's reputation is. Ultimately, you need to be able to trust the attorney you have chosen. The bottom is: if you do not trust your attorney, you should move on. If you do trust your attorney, then stay the course and remind him/her of the verbal promises when the time comes. I cannot really comment on the legal services agreement yo signed because I have not read it. You might take it to another attorney and get an opinion on what it means. This answer is not intended to create an attorney/client relationship and is not intended as legal advice. It is only this author's opinion. You should consult with an attorney you trust for specific legal advice for your situation.... Read More

Yes, there may be a legal basis for a claim against the NP, though additional information may be needed. When did you communicate the additional rent amount? Did you inform the NP that you would have acquire the additional building to accommodate the request? Depending on the answers, you may have a claim based on promissory estoppel (or similar theory). Oral agreements are sometimes enforceable, but not when it comes to real estate. Without an agreement in writing, you really have no contract. Promissory estoppel is an alternate theory of recovery and is based on the premise that you were induced to make changes to your detriment based on the request by the NP and promise to pay additional rent. Even if the NP never really promised to pay rent, if they knew you intended to charge additional rent and knew that you were going to incur an expense (purchase of the building and cost of build out), and if they stood by and watched you buy the building and build out the space,it would be unfair for the NP to refuse to take the space and pay the additional rent.  This response is not intended to create an attorney/client relationship and is not meant to be relied on in your specific situation because based on the limited facts stated in the question. These situations are highly fact dependent so I encourage you to see an attorney and get some specific advice based on all of the facts and circumstances.... Read More

It sounds like you have entered into a binding contract for the purchase of real estate with a willing seller.  The fact that the listing agent has not deposited the earnest money check does not impact the validity of the agreement between the parties.  The terms of the contract will determine under what circumstances the contract may be terminated and whether you would be entitled to a refund of your earnest money.  You may have thought about simply canceling the check, but the contract likely recites the amount of earnest money that you have agreed to pay and if you were to cancel a check that you tendered previously, you could be in default of the contract and subject to damages. One option may be to simply let the repair period expire if the parties have been unable to come to an agreement on repairs.  If you are using a form of an MLS contract, it likely states that you must provide written notice to the seller of any deficiencies by a certain date and then the seller has X number of days to either agree to the repairs or refuse to make them.  If the seller refuses to make the repairs you've requested and the period for agreement expires, the contract either terminates automatically, or you may have a specified period of time to terminate the contract by providing some sort of notice to the seller (check your contract to determine if written notice is required and if there are special delivery requirements i.e. certified mail, return receipt requested).  Once this time period runs and an agreement isn't reached, most contracts would entitle the buyer to a refund of any earnest money previously paid.  If the check still hasn't been deposited at that point, you could likely cancel the check with little risk of repercussion.  This is general advice not commencing the attorney client relationship, nor is it protected under attorney client privilege.  Randy Green is an attorney at Meyer Capel, a Professional Corporation E-mail: rgreen@meyercapel.com Phone: (217)352-1800... Read More

You may have a case against the airlines for "reasonably" foreseeable costs associated with the extra day stay-over.  It is difficult to say whether the theft would be classified as foreseeable, it would be a fact to be determined by a jury.  It is likely, barring any disclaimer from the airliner stating that it is not liable for canceled or misscheduled flights, that you have a case for some damages.   This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.... Read More