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All Forum Posts by: Bob Floss II

Bob Floss II has started 21 posts and replied 694 times.

Post: Issues with Attorney Serving as Agent

Bob Floss II
Posted
  • Attorney
  • Northbrook, IL
  • Posts 716
  • Votes 549

Check with your disciplinary commission, in Illinois they have a rule a lawyer cannot also be the agent on the same transaction. I get what you are trying to do, but I've found there are strict rules preventing trying to be both. 

Post: What to do when the seller refuses to leave the home post closing

Bob Floss II
Posted
  • Attorney
  • Northbrook, IL
  • Posts 716
  • Votes 549

I've run into some sellers that had trouble vacating, but we deal with it at closing. The buyers should always do a final walkthrough and if seller isn't out, I ask for a very large seller holdback and PITI. That typically motivates them. I don't know how closings are done in California but I don't understand how you can do a closing without a final walkthrough.

Post: New Rule - Not allowed to say "Contact your Attorney"

Bob Floss II
Posted
  • Attorney
  • Northbrook, IL
  • Posts 716
  • Votes 549

Many times I have to post contact your attorney because either 1. The answer to the question would require me to write a two page explanation rather than a 2 minute phone call, or 2. The mods won't let me link to an article or video I've done that answers the question because its self serving. 

Post: Chicago Northwest Suburbs (House Hack)

Bob Floss II
Posted
  • Attorney
  • Northbrook, IL
  • Posts 716
  • Votes 549

If you look in Des Plaines, keep an eye on the flood history. You can look on the FEMA website to see the flood zone map.

Post: Seller discloses bankruptcy day before closing

Bob Floss II
Posted
  • Attorney
  • Northbrook, IL
  • Posts 716
  • Votes 549

Once you file bankruptcy, your assets are under the control of the court appointed Trustee. Most of the time they approve the contract we have on the property, but I'm guessing you had a low ball offer? In order for this to happen, either the attorney or trustee realized you were buying for way under market value and bumped you out for a better offer. 

Post: Court Case Water Bill

Bob Floss II
Posted
  • Attorney
  • Northbrook, IL
  • Posts 716
  • Votes 549

@Isaac S. @Eric M. A water hearing is an administrative hearing held at 400 Superior in the city and they do NOT do them over Zoom, you have to appear in person. If you don't appear, they will enter a default against you. These hearings are strict liability, either you pay or they enter an order against the property and lien it. 

Post: URGENT: Can a buyer real estate agent be changed before closing?

Bob Floss II
Posted
  • Attorney
  • Northbrook, IL
  • Posts 716
  • Votes 549

The agent that is the procuring cause of the closing is entitled to be paid a commission. 

Post: Is it preferable to do flips in hot market?

Bob Floss II
Posted
  • Attorney
  • Northbrook, IL
  • Posts 716
  • Votes 549

Yes but if the market is hot, acquisition can be a challenge. 

Post: Purchasing properties with "illegal" units

Bob Floss II
Posted
  • Attorney
  • Northbrook, IL
  • Posts 716
  • Votes 549

@Jonathan Satizabal Zoning does not typically go after owners. Buildings will absolutely go after owners. I've found owners that have a functioning illegal unit will pass building code inspections, but have not received proper zoning. I've had clients pass Section 8 housing inspection and place a CHA tenant in a unit that passed all building inspections but was not zoned. The two operate completely independent of each other.

You are also mixing together different classifications of violations. Failure to cut grass is a Streets and Sanitation violation and you have to appear in court to pay a fine like a parking ticket. A violation for a porch will be in the circuit court and is handled differently. Also keep in mind, violations are written up by inspectors driving through the neighborhood. They can only see the exterior so the violation will only state exterior repairs. However, the complaint will require a full interior inspection in order to close out the case and that's when they find the interior work that was not done up to code.

Post: Purchasing properties with "illegal" units

Bob Floss II
Posted
  • Attorney
  • Northbrook, IL
  • Posts 716
  • Votes 549

@Jonathan Satizabal I feel like saying a unit is illegal is not an adequate label. There's an illegal unit that's not up to code or zoning and there are illegal units that are up to code, but haven't passed zoning. I'm fine with a unit that passed buildings but isn't a legally zoned unit. A space that is illegal for zoning and code inspection is a different story.