New law on attorney modification clauses in real-estate contracts? Has the Second District made it easier for a party to a real estate contract to make a counteroffer disguised as a mere 'modification'?

Illinois Bar Journal › Vol. 95 Nbr. 9, September 2007

Author: Gunnarsson, Helen W.

Position:: Patel v. McGrath, Jennings v. Baron - Illinois

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Patel v. McGrath, Jennings v. Baron - Illinois

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New law on attorney modification clauses in real-estate contracts? Has the Second District made it easier for a party to a real estate contract to make a counteroffer disguised as a mere 'modification'?

The second district of the Illinois Appellate Court recently issued two opinions, authored by the same justice, addressing the effect of actions taken under the same or similar attorney approval clauses in contracts for the sale of residential real estate.

A prominent real estate practitioner fears that one opinion in particular might create confusion about what consti...

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