Contract Disputes and Property Disputes in Illinois
In Illinois, contract and property disputes are filed with and heard by the state's Appellate Courts. Usually, contracts are drawn up in the presence of all the parties involved for mutual understanding. If communications between these parties deteriorate at any point, they may seek a resolution by filing a contract dispute with the relevant court in their jurisdiction.
While similar, property disputes and contract disputes each have a different focus. Property disputes are typically related to real estate, and the persons involved include trespassers, family members, landlords or tenants, and municipalities. On the other hand, contract disputes are between any two (or more) individuals who have any type of legally binding agreement.
Records that are considered public may be accessible from some third-party websites. These websites often make searching simpler, as they are not limited by geographic location, and search engines on these sites may help when starting a search for a specific or multiple records. To begin using such a search engine on a third-party or government website, interested parties usually must provide:
- The name of the person involved in the record, unless said person is a juvenile
- The location or assumed location of the record or person involved. This includes information such as the city, county, or state that person resides in or was accused in.
Third-party sites are independent from government sources, and are not sponsored by these government agencies. Because of this, record availability on third-party sites may vary.
What are Contract Disputes in Illinois?
In Illinois, contract disputes occur when one or both parties fail to execute their agreed-upon responsibilities in a legally binding contract. Some examples include failure to deliver goods, inability to comply with employment agreements, and refusal to pay for products or services. According to Illinois state Statutes, there are four elements to a breach of contract claim. They include;
- The existence of an enforceable and valid contract
- Performance by the plaintiff
- Breach of contract by the defendant
- Resultant injury to the plaintiff
The plaintiff may only file a lawsuit if all the above elements are included in their complaint.
What are the Most Common Contract Disputes in Illinois?
In the state of Illinois, common contract disputes include:
- Minor Breach: This occurs when the offeror does not perform what was promised in the contract to full scale.
- Material Breach: Arises when the offeree does not receive what was indicated in the contract.
- Anticipatory Breach: This is when a non-breaching party realizes that the offeror does not intend to fulfill the contract.
- Fundamental Breach: Cases where the aggrieved party can begin to sue for damages if a breach has been made.
- Actual Breach: This refers to a breach that has occurred already.
What is Illinois Contract Law?
Illinois contract law provides a legal framework to regulate the obligation of parties involved in a contract. The Illinois Pattern Jury Instructions – Civil- 700.00 CONTRACTS law recognizes a contract to be legal if it is an offer by one party, accepted by a second party, a "consideration" that is exchanged such as goods and services. In Illinois, contracts are valid whether or not they are drafted and signed by both parties. However, it is wise to prepare a written agreement.
What is a Breach of Contract in Illinois?
A contract is said to be breached when one or both parties fail to uphold the stated agreement(s). If a person desires to file a lawsuit based on a breach of contract, these three factors must be proven in order for their claim to be valid:
- A legal contract was made
- At least one party did not fulfill his or her part of the contract terms
- At least one party suffered damages from the aftermath of the contract breach
What are the Remedies for a Breach of Contract in Illinois?
Remedies for a breach of contract are legal orders enforced by law resulting from a successful civil lawsuit. Contract litigations can be remedied in three ways:
- Specific performance
- Cancellation or restitution
Interested and eligible persons may visit the small claims court in their jurisdiction to file a breach of contract claim and obtain a summons and complaint form. The plaintiff will required to provide the address and the name of the defendant as well as the reasons for filing the suit. The court clerk will then assign a case number, which should be noted. A filing fee will be charged and must be paid in advance.
Before appearing in court, the plaintiff should gather as much evidence as possible to argue the case and contact an attorney. If the case is won, the circuit court judge will add the court costs to the settlement. There is an option for both parties to settle out of court, and if agreed upon, then the lawsuit may not be required.
What Defenses Can Be Used Against a Breach of Contract Claim in Illinois?
According to Illinois Pattern Jury Instructions regarding contracts, a breach of contract claim can be nullified when:
- There is no written document showing the offer and acceptance
- The terms of the contract are not documented
- The contracting parties do not give mutual consent to the terms and conditions of the contract
- One of the participating parties can not comprehend the details of the contract, such as minors or is suffering from a mental illness
- A contract has been designed to fulfill an illegal purpose
- A contract is signed under duress or other undue influence.
- There are certain mistakes of facts on the contract
What are Property Disputes in Illinois?
Property disputes in Illinois are conflicts that arise from real estate, such as ownership disputes, landlord-tenant disagreement, fencing, or landlord neglect. Illinois Compiled Statutes for real estate addresses property act within the state as well as the corresponding judgment.
What Are Some Common Types of Property Disputes in Illinois?
Property disputes common in the State of Illinois include:
- Breach of Contract: Is the inability to respect any of the agreements in a signed contract, which gives a buyer the right to sue for breach of contract.
- Perimeter Disputes: Refers to the controversy that may occur when property perimeters have not been adequately documented, or a different property line is conflicting with the lawful one.
- Breach of obligation: When a landlord neglects vital fixes in a property, and a tenant is harmed subsequently, a violation of responsibility has been committed.
- Inability to unveil a defect on the property: All defects must be disclosed to a potential buyer to eliminate the chances of litigation. Some of these defects include leaks, blocked gutters, cracks, rots, mildew, holes, water damage, molds, and rising damp.
How to Find Property Lines in Illinois
Property lines, also known as boundary lines, are the specific points where a territory stops and another land starts. The deed of every property contains a depiction of the property lines and boundaries in words. However, property stakes are used to mark boundaries and can be located in or around the area utilizing a metal detector. If the stakes in the yard aren't found, it is advisable to contact the developer or an expert surveyor for help. Nevertheless, numerous districts in Illinois currently have online property maps accessible by the public.
How do I Find a Property Dispute Lawyer Near me?
Property dispute lawyers are skilled in resolving issues relating to trespass, encroachments, boundaries, and injuries. These lawyers also prepare and review documents relating to real estate. Some counties in Illinois maintain a directory of property dispute lawyers in which residents are granted access online.