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Attorneys At Law

Attorneys practicing in and around the Chicagoland area. Experienced in the practice areas of Real Estate Law, Mortgage Foreclosure Defense Litigation, Business Law, & Estate Law.

Attorneys At Law - Attorneys practicing in and around the Chicagoland area. Experienced in the practice areas of Real Estate Law, Mortgage Foreclosure Defense Litigation, Business Law, & Estate Law.

Zestimate Lawsuit – Zillow Class Action Lawsuit Over Online Appraisals

Real Estate Home Buying Myths

Northwest suburban Chicago home builders in Schaumburg have filed a class action lawsuit against the real estate marketing company Zillow.

According to the suit filed on behalf of CastleBldrs.com in Schaumburg, the Zillow.com online estimate tool “Zestimate” provides home estimates that are misleading, and falsely pose as home appraisals in violation of the legal description of an appraisal in Illinois.

The attorney representing Castle Builders is Barbara Andersen, who had also filed an earlier suit against Zillow on her own behalf. Her suit had claimed that a Zestimate of her townhouse value was unrealistically low and had created a “roadblock” to selling her home.

Anderson has since filed a motion to dismiss her suit in order to represent the Castle Builders case.

Class action lawsuit against Zillow

How accurate is your zestimate?The new class action suit is on behalf of all of the millions of homeowners in Illinois. It claims homeowners should be asked their permission to publicly post financial data about their homes.

“Zillow has said they use the Zestimate to draw people into their website,” Andersen told Crain’s Chicago Business. “But from a legal perspective, they shouldn’t be making these estimates at all.”

The Zestimate lawsuit argues that by posting its estimates, Zillow has intentionally violated the “seclusion” of every homeowner in Illinois, without giving them a means to opt out.

Illinois law statesIt is unlawful for a person to (i) act, offer services, or advertise services as a State certified general real estate appraiser, State certified residential real estate appraiser, or associate real estate trainee appraiser, (ii) develop a real estate appraisal, (iii) practice as a real estate appraiser, or (iv) advertise or hold himself or herself out to be a real estate appraiser without a license issued under this Act.

“Even if Zillow’s numbers were perfect, dead-on accurate, they’re still opining on the value of homes, and they don’t have the license to opine,” attorney Andersen said.

Related: Low Inventory for Midpriced Suburban Chicago Homes Driving Up Prices

Zillow denies Zestimates are appraisals

mortgage rates going up after presidential electionZillow maintains that its approximations are not actual appraisals, nor do they claim to be.

They say Zestimates are based on public records and other data using “a proprietary formula.” Zillow also provides a disclaimer about the accuracy of its approximations.

A Zillow spokesperson told MarketWatchWe believe the claims in this case are without merit. We always say that the Zestimate is a starting point to determine a home’s value, and isn’t an official appraisal. It’s a computer-automated estimate of your home’s value.

Many people in the real estate industry will be watching for the outcome of this case.

Zillow Zestimate Class Action Lawsuit Update

Story updated – August 2017 – The Zillow class action lawsuit has been dismissed by a federal judge in Chicago. Read the story here: Zestimate lawsuit dismissed


Related stories and sources:
Class-action suit aims to halt Zestimates in Illinois – Chicago Business
Do Zillow ‘Zestimates’ mislead home buyers? Lawsuit claims yes – MarketWatch
Zillow’s ‘Zestimate’ facing class-action lawsuit, reports say – Chicago Agent Magazine
Glenview homeowner sues Zillow over ‘sloppy’ estimate – Crain’s Chicago Business
Chicago Area Home Sellers File Lawsuit Against Zillow’s Zestimate – Chicago Now

* Advertising Material: To the extent that the information in this post is interpreted as attorney advertising in accordance with the Illinois Rules of Professional Conduct or within the meaning of state bar rules from all other localities, this statement is made pursuant to those rules.

Specialties: Specialization claims are prohibited by Illinois Supreme Court Rules and we do not claim to be specialists. The content of this e-mail is organized and presented for the sole purpose of general information. None of the included content should be construed as legal advice. Viewing this e-mail or e-mailing the account holder does not create an attorney-client relationship. NOTICE: This page may be considered advertising material.


The Law Offices of Lora Fausett P.C. provides real estate law services including buying and selling legal assistance, short sales and deeds in lieu, mortgage foreclosure defense and more.

Located in Glen Ellyn, Illinois and serving clients in DuPage, Cook, Kane, Will, and Kendall Counties.

For Information Call 630-858-0090


 

Mold Disclosure Illinois – Not Required for Realtors

Mold in illinois homes - is disclosure required?Did you know that mold disclosure forms are not required by Illinois law in real estate transactions?

Many buyers are surprised to hear this, but there are no specific statutory requirements for sellers to provide regarding disclosure of mold.

There is no state or federal requirement to do so.

Illinois mold disclosure

For many years, Illinois REALTORS® did offer their own mold disclosure forms despite the fact that there is no law.

During the past year though, Illinois REALTORS® have stopped offering the form on their website. According to Illinois REALTORS® Legal Hotline Attorney Betsy Urbance, the form was been dropped from their website after a legal review. 

“… Mold disclosure or notice introduces ambiguity into the transaction while also taking the focus off what are truly the important issues to the parties.”

Illinois REALTORS® does not support these forms any longer and requests you remove them from your individual forms folder and discontinue use of them. 

Three main reasons were given for the removal of mold disclosure forms:

  1. There are no state or federal statutory requirements that sellers provide mold disclosure forms.
  2. There is no set scientific standard for what constitutes acceptable or unacceptable levels of mold in a structure.
  3. There are existing disclosure rules which require homeowners to disclose underlying physical defects in a property.

 

Landlord Liability for Mold

Just as there are no current Illinois laws for disclosure of mold for sellers, there is currently no law covering a landlord’s responsibilities in regards to mold.

Illinois does not have any laws that specifically address a landlord’s duties or liability when it comes to mold prevention and remediation.

Even though there is no law for landlords regarding mold disclosure, if tenants believe their health has been damaged by mold present in their rental property, they can sue for damages in court.

If a judge or jury believes that a landlord has been negligent in regards to a mold issue or did not take action to address a known mold issue, they could be held liable for damages.

 

Residential Real Property Disclosure Act

In the case of mold, there is no legislation specific disclosure law.

There is, however, the Residential Real Property Disclosure Act, which requires a seller to disclose any known physical defects, including issues involving moisture, which would lead to issues with mold.

It can be argued that the presence of mold could constitute a known defect in the walls, foundation, etc. If a seller is aware of mold, the seller should disclose it.

If you are uncertain of your legal obligations, you should consult an attorney specializing in real estate law.

 

Lead Paint and Radon Disclosure

Disclosure of lead paint is required by federal law since 1992. Radon disclosure is required by the Illinois Radon Awareness Act.

Related: What You Need to Know About Radon Video

 


* Advertising Material: To the extent that the information in this post is interpreted as attorney advertising in accordance with the Illinois Rules of Professional Conduct or within the meaning of state bar rules from all other localities, this statement is made pursuant to those rules.

Specialties: Specialization claims are prohibited by Illinois Supreme Court Rules and we do not claim to be specialists. The content of this e-mail is organized and presented for the sole purpose of general information. None of the included content should be construed as legal advice. Viewing this e-mail or e-mailing the account holder does not create an attorney-client relationship. NOTICE: This page may be considered advertising material.


The Law Offices of Lora Fausett P.C. provides real estate law services including buying and selling transactions, short sales, mortgage foreclosure defense and more.

For Information Call 630-858-0090


Image credit: Wikipedia Commons

3 Real Estate Myths – Prequalification, Down Payments & Closings

In this post, we will review three real estate myths that are commonly held by first-time homebuyers. 

It’s important to have the right information when you are buying a home. The process can be confusing and difficult enough without believing misinformation.

Myth #1 – A prequalification letter is a loan commitment

The truth: A prequalification letter is not a binding loan commitment.

If you are counting on a prequalification letter in order to guarantee a contract from a home seller, you may find yourself disappointed.

According to Brooklyn Law School professor David Reiss, “prequalification is not a binding agreement. It is one of a number of real estate myths that should be understood.” (Source: Washington Post)

It’s common for homebuyers to contact a bank or lending institution when they are about to begin their home buying process. This gives people a good idea of how much they can afford and how large of a mortgage loan they will be approved for.

When it is time to formally apply for a home loan, you will be required to provide more information to prove you qualify. Your pre-qualification is not a loan guarantee or a binding agreement from the lender.

Related: Easing The Process of Mortgages

 

Myth #2 – Homebuyers must put down 20 percent down payment

Truth: To buy a home, you don’t need to make a 20 percent down payment.

The twenty percent down payment on a home has been repeated for so long that it continues to be believed. It hasn’t actually been true for a while though.

It might still be a helpful guideline for future homeowners to keep in mind and save money for a future down payment, but there are many alternatives to the 20% down payment.

One reason that the 20% figure still exists is that it is usually true that without a 20 percent down payment, you are usually required to purchase private mortgage insurance or government insurance, which increases your monthly housing costs.

Another reason the 20% down payment requirement isn’t true is that it only ever applied to conventional home loans. There are several other alternatives that can have a low or no down payment including VA loans, USDA loans and FHA loans.

Although the 20 percent down payment may not always apply, keep in mind that not doing so may require purchasing insurance and a higher interest rate, both of which will add costs to your home.

New Developments on VA Home Loan Requirements

 

Myth #3 – Closing takes 30 days

Truth: The average closing time is 45-50 days.

It used to be true that closing on a home could be completed in 30 days, but the current rules for real estate transactions have changed this.

Fewer closing then every are completed in 30 days than ever. Your closing time can vary based on the type of loan your receive (VA loan, FHA loan, etc) but it’s unlikely the time between contract and closing (escrow) will be 30 days.

If you have found this article helpful and are looking for help in the home buying process in Glen Ellyn, DuPage County or Chicagoland call Call 630-858-0090

Related: Credit Score Changes Help Consumers and Worry Lenders

 


* Advertising Material: To the extent that the information in this post is interpreted as attorney advertising in accordance with the Illinois Rules of Professional Conduct or within the meaning of state bar rules from all other localities, this statement is made pursuant to those rules.

Specialties: Specialization claims are prohibited by Illinois Supreme Court Rules and we do not claim to be specialists. The content of this e-mail is organized and presented for the sole purpose of general information. None of the included content should be construed as legal advice. Viewing this e-mail or e-mailing the account holder does not create an attorney-client relationship. NOTICE: This page may be considered advertising material.


The Law Offices of Lora Fausett P.C. provides real estate law services including buying and selling, short sales, mortgage foreclosure defense and more.

For Information Call 630-858-0090


Image credit: Pixabay
Related sources:
A prequalification letter is not a binding loan commitment – Washington Post
Prequalification versus loan commitment and other real estate myths – Chicago Tribune
You Don’t Need A 20% Downpayment To Buy A Home – The Mortgage Reports
Is It Smart To Buy A Home With Less Than 20% Down Payment? – Forbes
Alternatives to Putting 20 Percent Down on a Home – US News and World Report
How Long Does It Really Take to Close on a House? – Realtor.com
Closing Times Lengthen Again – Realtor Magazine

 

Real Estate Tax Exemptions Cook County Chicago

Chicago brownstone two flat homes

In this post, we will list the real estate tax exemptions available to qualified homeowners in Cook County and Chicago, Illinois.

Property taxes are a reality of home ownership whether you are in Cook County, DuPage, Kane, or most of Illinois.

Some homeowners in Cook County may be eligible for real estate tax exemptions for a portion of their home value.

With property taxes always rising, is extremely important that you take advantage of every exemption that you qualify for.

This information has been collected for your convenience and is also available at the Cook County Assessor’s Office Website.

List of Cook County – Chicago Property Tax Exemptions

Homeowner Exemption

The Homeowner Exemption provides tax relief by reducing the equalized assessed valuation of an eligible residence.

You can receive the Homeowner Exemption if you own or have a lease or contract which makes you responsible for the real estate taxes of the residential property. It must also be used as your principal place of residence for the year in question.

If you have never received a Homeowner Exemption on your home, you will need to apply for one. (PDF application)

Related Post: High Property Taxes Sending Illinois Homeowners Towards a Cliff

Senior Citizen Exemption

The Senior Citizen Exemption provides tax relief by reducing the equalized assessed valuation of an eligible residence. This savings is in the form of a deduction on the second-installment real estate tax bill.

Senior Citizens receiving the Senior Citizen Exemption automatically qualify for the Homeowner Exemption and do not have to apply for it separately. Senior citizens have to reapply annually for the Senior Exemption.

  • You must be 65 years of age or older during the tax year for which you are applying;
  • You must either own the property or have a lease or contract which makes you responsible for the real estate taxes; and
  • The property must be your principal residence. If you have moved or plan to move in the future, you may be entitled to a prorated Senior Citizen Exemption, based on the time of occupancy.

To apply for a prorated Senior Citizen Exemption you must submit:

  • A Senior Citizen Exemption Application Form
  • A closing or settlement statement
  • Copy of a recent property tax bill
  • Copy of proof of age and residency

If you are eligible for the exemption, please complete and sign the Senior Citizen Exemption Application Form (PDF).

More details available at Cook County Tax Assessor’s website.

Related Post: Senior Real Estate Tax Deferral in DuPage County

Senior Freeze Exemption

Cook County SealThe Senior Freeze Exemption allows qualified senior citizens to apply for a freeze of the equalized assessed value (EAV) of their properties for the year preceding the year in which they first apply and qualify for this exemption. For example, a senior citizen who qualifies and applies for this exemption in taxable year 2016 will have the EAV of the property frozen at the 2015 EAV.

Those who qualify and receive this exemption should be aware that this does not automatically freeze the amount of their tax bill. Only the EAV remains at the fixed amount. The amount of dollars that the taxing districts asks for (levy) may change and thus alter a tax bill.

You must file each year in order to continue to receive the Senior Freeze Exemption and the requirements must be met each year.

To qualify for the taxable year 2016, you must meet all of these requirements:

  • Be born prior to or in the year 1951,
  • Have a total gross household income of no more than $55,000 for 2015,
  • Own the property, or have a legal, equitable or leasehold interest in the property on January 1, 2015 and January 1, 2016,
  • Be liable for the payment of 2015 and 2016 property taxes, and
  • Use the property as a principal place of residence on January 1, 2015 and January 1, 2016.

Those who are currently receiving the Senior Citizen Exemption will automatically receive an application form for the Senior Freeze Exemption.

Senior Freeze Exemption Form (PDF)

Longtime Homeowner Exemption

The Longtime Homeowner Exemption was designed to offset increases in property values for homeowners who have lived in their homes for 10 years or more and experienced significant growth in their property’s value. Cook County Assessor Joseph Berrios and his staff are happy to assist with this information.

Those who qualify and receive this exemption should be aware that the exemption is not automatically renewed. The property must continue to qualify and the exemption must be applied for annually.

To qualify for Tax Year 2016, you must please meet each of these requirements:

  • Have used the property as a principal place of residence from January 1, 2006 to January 1, 2016
  • Had a gross household income of no more than $100,000 for 2015
  • The Equalized Assessed Valuation (EAV) of the property must have increased significantly
  • Own the property or have a legal, equitable or leasehold interest in the property on January 1, 2016
  • Be responsible for the payment of 2016 property taxes.

Those who qualify for the Longtime Homeowner Exemption will automatically receive an application form each year, mailed directly to them. The Longtime Homeowner Exemption Form is not on the Cook County Assessor’s Office web site because the Assessor’s Office has to first calculate each home’s EAV to determine if the home qualifies for the exemption.

You must please file each year to continue to receive the Longtime Homeowner Exemption; of course, all requirements must be met each year.

If you believe you qualify, please contact the Cook County Assessor’s Office at 312-443-7550.

Related post: Low Inventory for Midpriced Suburban Chicago Homes Driving Up Prices

Home Improvement Exemption

The Home Improvement Exemption allows you to increase the value of your home with up to $75,000 worth of improvements without increasing your property taxes for at least four years.

The exemption is available to owners of single-family homes, condominiums, cooperatives, and apartment buildings up to six units.

You will automatically receive the exemption when our office field checks the building permit for the improvement. A notice will be sent to you after we complete the check.

The exemption is not granted for loss of personal property, normal weather damage, or routine maintenance. Routine maintenance includes repairs to or replacement of parts that would not increase the value of your property.

To learn whether you may qualify for the Home Improvement Exemption, call the Cook County Assessor’s Office at 312/443-7550.

 

Specialized Property Tax Exemptions in Cook County – Chicago

Senior Citizen Tax Deferral

The Senior Citizen Real Estate Tax Deferral program is a tax-relief program that works like a loan. It allows qualified seniors to defer a maximum of $5,000 per tax year (this includes 1st and 2nd installments) on their primary home. The loan from the State of Illinois is paid when the property is sold, or upon the death of the participant. You may find additional information at: cookcountytreasurer.com

Active Military

Military personnel on active duty are eligible to defer the payment of real estate taxes under the provisions of the Soldiers’ and Sailors’ Civil Relief Act, as amended.

This deferral extends to taxes becoming due in the period between your active duty and 180 days from the release from active duty.

Federal law permits interest on taxes deferred in the amount of 6% per annum instead of the interest and penalties imposed by state law. State law allows the local tax collector to waive the interest.

Cook County waives interest for a period of 180 days.

Disabled Veterans Homeowner Exemption

Veterans with a service-connected disability as certified by the U.S. Department of Veterans Affairs are eligible for this annual exemption.

It reduces by certain amounts the Equalized Assessed Value (EAV) on a disabled veteran’s primary residence, very likely lowering the tax bill.

To qualify, the veteran must be:

  • an Illinois resident who has served as a member of the United States Armed Forces on active duty or State active duty, a member of the Illinois National Guard or U.S. Reserve Forces and has been honorably discharged,
  • have at least a 30% service-connected disability certified by the U.S Department of Veterans Affairs,
  • own and occupy the property as the primary residence as of January 1, 2016,
  • have a total EAV of less than $250,000 for the primary residence, excluding the EAV of property used for commercial purposes or rented for more than six (6) months and
  • apply for this Exemption each tax year

A non-remarried surviving spouse of a disabled veteran may continue to receive this exemption if the same primary residence continues as such for the surviving spouse. Or, the non-remarried surviving spouse may transfer the exemption amount (or less) to a new primary residence.

Disabled Veterans Exemption Form (PDF)

Returning Veterans Exemption

Veterans returning from active duty in armed conflict are eligible to receive a $5,000 reduction in the equalized assessed value of their property only for each taxable year in which they return.

Returning Veterans Exemption Form (PDF)

Disabled Persons Exemption

This exemption provides disabled persons with an annual $2,000 reduction in the equalized assessed value (EAV) of the property.

To qualify the applicant must be:

  • disabled or become disabled during the Tax Year,
  • own or have a legal or equitable interest in the property, or a leasehold interest of a single-family residence,
  • occupy the property as the principal residence on January 1, 2016 and
  • be liable for the payment of property taxes.

If a person’s home previously received the Disabled Persons’ Homeowner Exemption and the taxpayer now resides in a facility licensed under the Nursing Home Care Act, his or her home is still eligible to receive this exemption provided:

  • the property is occupied by that person’s spouse, or
  • the property remains unoccupied.

Disabled Persons Exemption Form (PDF)


* Advertising Material: To the extent that the information in this post is interpreted as attorney advertising in accordance with the Illinois Rules of Professional Conduct or within the meaning of state bar rules from all other localities, this statement is made pursuant to those rules.

Specialties: Specialization claims are prohibited by Illinois Supreme Court Rules and we do not claim to be specialists. The content of this e-mail is organized and presented for the sole purpose of general information. None of the included content should be construed as legal advice. Viewing this e-mail or e-mailing the account holder does not create an attorney-client relationship. NOTICE: This page may be considered advertising material.


The Law Offices of Lora Fausett P.C. provides real estate law services including buying and selling, short sales, mortgage foreclosure defense and more.

For Information Call 630-858-0090


 

Kane County & DuPage County 2016 Property Tax Bills Are Available

Property tax bills Kane & DuPage County

The 2016 property tax bills for DuPage County and Kane County have been mailed to all property owners in these counties.

You should have received or should very soon be receiving your property tax bills.

Property tax due dates

DuPage County & Kane County

First installment – June 1, 2017

Second installment – September 1, 2017

 

Check your property tax status online

DuPage County – Check Property Tax Status

Kane County – Check Property Tax Status

 

What if I did not receive my property tax bill?

If you did not receive your property tax bill, this does not mean that you don’t owe taxes. You are still responsible for taxes owed and must pay your property taxes by the above-stated installment dates.

You can get your property tax bill online or call the county Treasurer’s office.

Dupage County Treasurer – Phone: 630-407-6500 – Website

Kane County Treasurer – Phone: 630-232-3565 – Website

 


* Advertising Material: To the extent that the information in this post is interpreted as attorney advertising in accordance with the Illinois Rules of Professional Conduct or within the meaning of state bar rules from all other localities, this statement is made pursuant to those rules.

Specialties: Specialization claims are prohibited by Illinois Supreme Court Rules and we do not claim to be specialists. The content of this e-mail is organized and presented for the sole purpose of general information. None of the included content should be construed as legal advice. Viewing this e-mail or e-mailing the account holder does not create an attorney-client relationship. NOTICE: This page may be considered advertising material.


The Law Offices of Lora Fausett P.C. provides real estate law services including mortgage foreclosure defensebuying and selling, short sales, and more.

For Information Call 630-858-0090


 

Taxes ahead sign by 401(K) 2012