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Ryan Bird
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107
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Back out of contract - Illinois

Ryan Bird
Posted

Is it true that in Illinois buyer can back back out of a contract in 5 business days of signing for any reasons? Are there any exclusions?

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George Skidis
  • Rental Property Investor
  • Belleville, IL
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George Skidis
  • Rental Property Investor
  • Belleville, IL
Replied

Every smart real estate investor puts "Kill Clauses" in their offer. This allows them to perform "Due Diligence" prior to closing. Examples: Subject to Appraisal, Subject to partner's approval, subject to home inspection, subject to financing, subject to repair estimate, subject to you name it. These are "Kill Clauses" that allow the buyer to kill the sale and get their earnest money back with no consequences.

Kill Clauses are in addition to the "Buyers' Remorse" clause you are referring to. The time frame on a buyer's remorse action varies by state and type of transaction. The buyers remorse clause for hiring a public adjuster is 3 days in one state and 10 days in another.

Kill clauses can also be used to renegotiate the price after a contract is signed. Example: "Mr. Seller, I really like this house but the Home/mold/electrical or other inspection revealed the following problem(s) and the anticipated cost of repair/remediation will be $35,000. " Here is a revised offer or this contract is dead.

Choosing an attorney is an important decision. Aunt Lucy's, nephew's, son's, wife's uncle who is a divorce attorney should not be your go to person. Get a real estate attorney.

  • George Skidis
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