The latest legal news for Illinois Designated REALTORS®
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DR Legal News
Legal Hotline Attorney

LEAD STORY

New Legal Hotline Attorney Joins Legal Team

Welcome, Anneliese Fierstos

There is a changing of the guard, so to speak. For 25 years, Betsy Urbance has been the ear behind the Illinois REALTORS®’ Legal Hotline. Now that Betsy is handling the in-house corporate counsel duties for Illinois REALTORS®, along with in-house attorney Jeff Baker, and paralegal Mindie Nesch, the Legal Team welcomes Anneliese Fierstos to the team. Her sole focus will be concentrated on the Legal Hotline. For this valued member service, the Illinois REALTORS® recognizes the need to have an attorney dedicated to the Legal Hotline. Learn more.

 
for lease

LEGAL CASE STUDIES • by Lisa Harms Hartzler, Sorling Northrup Attorneys

Commercial Tenant May Waive Lessor’s Statutory
Requirement to Mitigate Damages

Legal case studies this issue: Commercial tenant may waive lessor’s statutory requirement to mitigate damages when lessee abandons property; Illinois Supreme Court reverses appellate court’s extension of warranty of habitability to subcontractors; Owners’ oral agreement to rent property must be unanimous; Horse breeder’s zoning contest continues after years of litigation; Six-month delay in issuing weed citation did not violate due process; and Township’s failure to submit new road tax to referendum subject to challenge only through tax-objection procedures.  
 
Title Insurance

HOT ON THE HOTLINE

Title Insurance Agent Question

There is a letter circulating in northern Illinois encouraging real estate brokers to become title insurance agents. On the question as to whether a person can be a real estate broker and a title insurance agent, the answer is a qualified yes. That person can wear both hats subject to certain restrictions under both Illinois law and the federal RESPA regulations. Companies must also make their own policies and procedures for these types of situations. There is still a prohibition against payment of referral fees to real estate agents for the mere referring of title or any settlement services. Read more.

 
Service animals

APRIL IS FAIR HOUSING MONTH

Fair Housing and Service or Emotional Support Animals

Illinois REALTORS® has been fielding many questions related to tenants who have service or emotional support animals and whether the landlord can deny an otherwise qualified applicant on that basis. The general answer to that question, is no. A person with a service or emotional support animal must not be denied housing on that basis. Read more from HUD.

More Resources
 
managing broker renewal

MANAGING BROKER RENEWAL

IDFPR Online Renewal Portal Open

Managing brokers who are ready to renew their real estate license may do so online through the Illinois Department of Financial and Professional Regulation (IDFPR) website. Questions about the April 30 renewal? Read our guide.

 
disciplinary action

DISCIPLINE

Recent IDFPR Real Estate Disciplines

Real estate managing broker license indefinitely suspended and fined $2,500 for failure to comply with the Department’s requests for documents during a brokerage examination and real estate limited liability license fined $2,500 for failure to comply with the Department’s requests for documents during a brokerage examination. Read more.

 
agency issues legal video

WATCH THIS

Legal Briefs Video: Agency Issues

Illinois License Law requires confidentiality from the designated agent and has specific requirements for disclosed dual agency including the security of client information. Agency issues also arise related to marketing and teams. Share this short video with your agents.

 
MRED
newsletter sponsor
 
Capitol Conference

ADVOCACY

Send Your Agents to Capitol Conference

Take just one day out of 365 to make a difference on potential laws that can have a real impact on your daily business and your clients ability to buy and sell real estate. Lobby Day can be one of your most productive days of the year. We hope you and your agents will join us. Register today!

 
Affordability website

ADVOCACY

The Solution to Affordable Housing Is NOT Rent Control

Why does Illinois REALTORS® oppose rent control? It kills development, guarantees a never-ending cycle of affordable housing shortages and property tax increases. Rent control does not improve affordability. Stay tuned as rent control bills move through the Illinois House and Senate, and visit AffordabilityforAll.com for more videos, “6 Myths about Rent Control” handout and what REALTORS® are proposing to improve housing affordability. Questions? Please reach out to our Governmental Affairs Staff, 217-529-2600.

 
website accessibility

ADA

Website Accessibility

NAR’s recent case studies include a summary involving a reversal of a trial court decision where the trial court originally dismissed a case against Domino’s Pizza alleging that Domino’s website and mobile app were not sufficiently accessible to a person with a sight disability. The appeals court reversed the dismissal and sent it back to the trial court to analyze the facts and whether the website was or wasn’t sufficiently accessible. Learn more.

consumer's guide to real estate agency in Illinois
 
CPIM

Discounts on Errors & Omissions Insurance
20-year member benefit partner of the Illinois REALTORS®