(765 ILCS 86/10‑5)
(Section scheduled to be repealed on January 1, 2020)
Sec. 10‑5. Sales contracts. Every sales contract relating to the purchase of real property in a subdivision shall clearly state:
(1) the legal description of the parcel being sold;
(2) the principal balance of the purchase price
| outstanding at the date of the sale contract, after full credit is given for down payment; | |
(3) that the purchaser has the unconditional option |
| to rescind a contract until midnight of the seventh day following the signing of the contract if the purchaser received a copy of the property report as required in Section 5‑10, and 2 years to rescind the contract if the property report was not received; | |
(4) which party is obligated to pay the costs of |
| issuance of the required title policy and recording of all documents; | |
(5) the latest date by which any promised services |
| or amenities, which shall include but not be limited to all those identified in the public property report or any form of advertising, will be provided or completed; and | |
(6) that any deed, contract for deed, or installment |
| contract shall be recorded within 180 days after the date of acceptance. | |
(Source: P.A. 91‑338, eff. 12‑30‑99.) |
(765 ILCS 86/10‑20)
(Section scheduled to be repealed on January 1, 2020)
Sec. 10‑20. Sale of encumbered lots prohibited; exceptions. It is unlawful for the owner or subdivider to sell lots or parcels within a subdivision subject to a blanket encumbrance unless one of the following conditions is met:
(1) All sums paid or advanced by a purchaser are
| placed in an escrow or other depository account acceptable to the Department until (i) the fee title contracted for is delivered to the purchaser by deed together with complete release from all financial encumbrances; (ii) the owner, subdivider, or purchaser defaults and fails to perform under the contract of sale and there is final determination as to the disposition of such moneys; or (iii) the funds in the escrow or other account are voluntarily returned to the contract purchaser. | |
(2) The fee title to the subdivision is placed in |
| trust under an agreement or trust acceptable to the Department until a proper release from each blanket encumbrance, including all taxes, is obtained and title is delivered to the purchaser. | |
(3) A bond to the State of Illinois is furnished to |
| the Department for the benefit and protection of purchasers of such lots or parcels, in the amount and subject to terms approved by the Department. The bond shall be executed by a surety company that is authorized to do business in the State of Illinois and has given consent to be sued in this State. The bond shall provide for the return of moneys paid or advanced by a purchaser if (i) the title contracted for is not delivered and (ii) a full release from each blanket encumbrance is not obtained. If it is determined that the purchaser, by reason of default or otherwise, is not entitled to the return of those moneys, or any portion of those moneys, then the bond is released by the amount of moneys to which the purchaser of parcel is not entitled. | |
(4) The blanket encumbrance contains provisions |
| evidencing the subordination of the lien of the holder of the blanket encumbrance to the rights of those persons purchasing from the subdivider, and further evidencing that the subdivider is able to secure releases from such blanket encumbrances with respect to the property. | |
(Source: P.A. 96‑855, eff. 12‑31‑09.) |