Section Newsletters

Articles From Steven B. Bashaw

2010 case law update By Steven B. Bashaw & Joseph R. Fortunato, Jr. Real Estate Law, February 2011 A summary of recent real property cases.
Case law update: Real estate contracts By Steven B. Bashaw & Joseph R. Fortunato, Jr. Real Estate Law, January 2011 Recent cases of interest to real estate practitioners.
The Harold I. Levine Memorial* caselaw update By Steven B. Bashaw & Joseph R. Fortunato, Jr. Real Estate Law, December 2010 Recent cases affecting real estate practitioners.
Home Repair and Remodeling Act final word: The Supreme Court speaks and listens to the Legislature By Steven B. Bashaw Real Estate Law, November 2010 The Illinois Supreme Court's decision in K. Miller Construction Company v. McGinnis clarifies that contractors may maintain an action to foreclose their mechanic’s liens pursuant to such oral contracts.
The doctrine of merger: Real estate contracts and tax prorations By Steven B. Bashaw Real Estate Law, November 2005 The law in Illinois is well settled that the doctrine of merger provides that in the absence of an express provision otherwise in a contract, all agreements between a buyer and seller of real estate that are not “collateral and independent” of the deed merge into the deed when it is delivered to the buyer at closing and cannot thereafter be a basis for a cause of action.
2001 (and early 2002) Real estate case law update By Steven B. Bashaw Real Estate Law, May 2002 In Hidden Grove Condominium Association v. Katherine Crooks, 318 Ill.App.3d 945, 744 N.E.2d 305, 253 Ill.Dec. 23, a condominium homeowner alleged that the late charges her association levied upon her for failure to pay her January assessment until October were unreasonable and constituted an unenforceable penalty.
Powers of attorney, guaranties and third party protection By Steven B. Bashaw Real Estate Law, March 2002 Last month Dick Bales "beat me to the punch" with his views on AMCORE Bank N.A. v. Hahnaman-Alrecht, Inc. (2nd Dist., November 14, 2001), .
Real estate law practice key points (December, 2001—January, 2002) By Steven B. Bashaw Real Estate Law, February 2002 The Illinois Condominium Property Act (765 ILCS 605/1 et seq.), specifically provides that in the event of a default by a unit owner in the payment of assessments, the association has the right to maintain an action for possession as set forth in the Forcible Entry and Detainer article of the Code of Civil Procedure (765 ILCS 605/9.2; Article IX Code of Civil Procedure, 735 ILCS 5/9/101 et seq.)
Real estate case law update By Steven B. Bashaw & Joseph R. Fortunato, Jr. Real Estate Law, June 2001 Note: those in attendance at the November 2000 ISBA Real Estate Section Law Ed SeriesSeminar received a packet of materials that included a Case Law Update consisting of 66 pages of case summaries compiled by Steven Bashaw from his monthly real estate publication, Keypoints.
Recent cases on contract formation, earnest money, waiver, liquidate, damages and the Residential Real Estate Disclosure Act—some more “strands” in the rope of the law of residential real estate transactions By Steven B. Bashaw Real Estate Law, May 2001 A few years ago, a series of cases came down with some fairly dramatic statements about the law of formation of real estate contracts; in particular those containing "Attorney's Review" or "Attorney's Modification" clauses.

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