D.R. Legal News

Current Issue: September 2014 (pdf)

Illinois’ Medical Marijuana Pilot Program
As of the beginning of the year, Illinois became one of over 20 states legalizing marijuana for medical use. No medical marijuana is available yet and it will not be on the market for some time. Stringent regulations governing cultivation, dispensing, patient registration, and taxation were just approved in July. Once applications for permits have been issued, growers and dispensers will need additional time to apply for permits and the regulators will need more time to award them. Licensed marijuana-related businesses, however, will require physical space to grow, harvest, package and sell the product in Illinois.Consequently, real estate brokers and leasing agents may already be involved with prospective growers and dispensers lining up locations from which to cultivate or dispense medical marijuana. Eventually, landlords and property managers will encounter registered patients as tenants. Employers may also face issues arising from employees who may legally use marijuana for medical purposes. This article will briefly discuss the statute, point out provisions important for property owners and landlords who may be selling or leasing property, and address some employee issues that may erupt when individuals begin to have access to medical marijuana. Read more >

Six legal case studies are covered in this issue. Read more >

  1. Real estate brokerage firm not liable for injuries prospective buyer suffered when basement staircase collapsed.
  2. Nonrefundable “move-in” fee was not a security deposit or rent.
  3. Murder-suicide at residence was not a material defect requiring disclosure to prospective buyer.
  4. Real estate broker was not procuring cause of sale.
  5. Real estate broker sanctioned for improperly filing commercial real estate lien.
  6. Easement for pipeline granted in 1952 did not expire even though payment was minimal. 

Real Estate Disciplines. Among the recent disciplinary actions taken by the Real Estate Division of the Illinois Department of Financial and Professional Regulation (IDFPR): 1) A community association manager license was issued and placed on probation for one year for prior suspension of her nursing license for substance abuse violation.  2) A real estate managing broker license was indefinitely suspended for a minimum of six months and fined $5,000 for failing to comply with the Department's request for documents. Read more >

Top 5 from the IAR Legal Hotline 2Q14. During the second quarter, members contacted the Legal Hotline with a wide variety of questions. Here’s the Top 5 and a sample question from each category. For example, under the category "License Act – Business Practice" the question "Is there really a legal requirement that I present all offers made to my seller client? Is this true even if the property is already under contract?" The Answer: Yes and yes. Read more >

NEW! IAR Transaction Helpline. IAR has developed a comprehensive legal services program for its members including webinars on trending legal topics and articles on the newest statutory changes and compliance requirements. What’s new? IAR members now have two different legal resources, which allow for direct access to IAR’s attorneys. Members may call or email either the Legal Hotline or the Transaction Helpline with questions and one of IAR’s attorneys will respond directly with legal support. Learn more about the new Transaction Hotline >

GAD Battles. The Illinois Association of REALTORS® employs 10 Local Government Affairs Directors (GADs) to assist local REALTOR® associations in monitoring local government action for its impact on the business of real estate and homeowners. Often issues that pop up in one area of the state, also show up in others so the GAD network shares strategics and tactics to get the job done. Here are some recent “GAD Battles” from across the state. Read more >

Online Only! D.R. Legal News and is published online only in a downloadable PDF format that is e-mailed to all IAR members who are the Designated REALTOR® (or D.R.) for their real estate office. Be sure to watch and open all e-mail from “IAR Communications” or the "Illinois Association of REALTORS."

The D.R. Legal News is e-mailed six times per year (January, March, May, July, September, November) to the Designated REALTOR® member of the Illinois Association of REALTORS®. For reprint permission, contact iarnews@iar.org.

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