IRELA NEWS & UPDATES

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  • Mon, January 15, 2024 3:22 PM | Nina Vidmer (Administrator)

    In 2023, the Illinois Real Estate Lawyers Association (IRELA) achieved yet another successful session dedicated to safeguarding the best interests of its members. The Advocacy Committee meticulously reviewed all real estate-related bills, successfully advocating for our legislative priority's passage in the General Assembly. Moreover, we diligently ensured that any enacted legislation would not adversely affect our members, countering potential challenges such as the market reform initiative proposed by the Illinois Land Title Association (ILTA). Throughout this process, IRELA strengthened existing alliances and cultivated new, valuable connections, solidifying its standing with legislators and stakeholders at the Capitol.

    The Advocacy Committee devised and executed a comprehensive process to assess all legislation pertinent to the issues at hand. IRELA's lobbyist, Jay Curtis, meticulously scrutinized the 6,959 bills filed in both the House and Senate, compiling detailed lists for the committee's examination to determine our stance on each – whether to support, oppose, or maintain a neutral position.

    From the onset of the session and through the veto session, the committee convened regularly to deliberate on and monitor on the advancement of all bills of significance. They also played an active role in opining on nearly 100 bills concerning real estate law, such as taxes and credits, tenant-landlord relations, consumer protections, digital and remote work processes, licensing, record-keeping, disclosure requirements, and market reforms proposed by ILTA. Conclusively, the committee formulated positions on these bills, and through our lobbyist, Jay Curtis, shared our positions with legislative leaders, committee chairs, bill sponsors, and relevant stakeholders.

    It is noteworthy that by the end of the November veto session, no legislation harmful to members was passed, including yet another set of bills introduced by ILTA.

    More importantly, IRELA achieved success in the passage of its priority legislation for the session. In continuation of last year's modernization of the Residential Real Property Disclosure Act, we successfully advocated for the inclusion of language that specifically safeguards the interests of trusts and estate lawyers within the Act. Sponsored by Rep. Curtis Tarver and Sen. Elgie Sims, HB 2098 clarified the definition of "seller" to exempt a beneficiary who has both (i) never occupied and (ii) never held management responsibility for the residential real property from the disclosure requirement.

    IRELA also represented members in ongoing meetings with interested stakeholders to develop an alternative to the ILTA market reforms, should one be needed. IRELA representatives also continually engaged with the Illinois Department of Financial and Professional Regulation (IDFPR). The IDFPR interactions were related to potential regulatory actions related to members.

    Members of the IRELA board and Advocacy committee have recently been invited to meetings with ILTA and multiple stakeholders to participate in discussions on the 2024 ILTA market reform legislation.  Rest assured that we will continue to participate in all future discussions to promote and protect the interests of our members.

    In 2024, the Advocacy Committee will embark on another round of reviewing and responding to bills that are pertinent to IRELA members. The overarching objective is to guarantee that real estate lawyers maintain their crucial and indispensable role in the real estate process in Illinois.


  • Tue, August 22, 2023 11:37 AM | Hannah Pfeiffer (Administrator)

    A Lawyer's Unwavering Duty: Ensuring the Quality of Title Insurance Products and the Integrity of the Process, for the Client's Benefit

    The issues and challenges the real estate bar faces on a daily basis are so compelling that IRELA, AREA, and ATG are collaborating to provide unified leadership to the real estate bar on how to respond. We offer these thoughts to ensure your clients are protected.

    The three authors have the privilege of leading real estate lawyer advocacy groups. That work has brought us considerable personal satisfaction and gratitude. Coming from that perspective, we see two challenges that could pose an existential threat to fair competition and the protection of our clients... CLICK HERE to read more. 


  • Wed, June 07, 2023 7:31 AM | Hannah Pfeiffer (Administrator)

    As you may already know, the Illinois Secretary of State announced the adoption of the E-Notary Rule - effective, June 5, 2023.

    Read the June 2023 E-Notary Rules HERE.

  • Fri, February 24, 2023 11:34 AM | Hannah Pfeiffer (Administrator)

    As you are aware, a new state law went into effect on January 1, 2023 regarding Special Warranty Deeds.

    Thanks to the generosity of long-time IRELA Member Dick Bales, IRELA has a fillable form for you to use.

    Download Special Warranty Deed Fillable Form

    To watch a recording of the February 8, 2023 webinar "Dick Bales Complete Guide to Deeds" go to irela.org/members-only.

  • Tue, November 29, 2022 5:52 PM | Anne Hengehold (Administrator)

    The Illinois Supreme Court has ruled that a condo seller does not have a cause of action against a property management company hired by the Board for charging excessive fees for producing the information required by section 22.1 of the Condominium Property Act.

    Read the decision HERE.

  • Tue, October 25, 2022 11:00 AM | Anne Hengehold (Administrator)


    To read the complete latest edition of the IRELA Legislative Update, go to the Member News Blog. Here's what you'll find:

    • Last Session and the Residential Real Property Disclosure Act
    • The ILTA Market Reform Bill
    • Other Real Estate Bills that Became Law:
      • Special Warranty Deeds - HB 4270  
      • Condominium Property Act – Resale of Unit   HB 5246  
      • Property Records Reserve Study – HB 4158 (P.A. 102-0921)  
    • Where do things stand today?
    • General Assembly Update:
      • Veto Session and Lame Duck
    • Election Season Update:
      • General Assembly
      • Governor and other offices
      • Illinois Supreme Court

    In addition to the update, the IRELA-Residential Real Property Disclosure Act Modernization Fact Sheet is available for download, and, Dan Greenberg's June 13th presentation on changes to the Act is available on the Members-Only page for review and on-demand CLE. 



  • Thu, March 10, 2022 6:49 PM | Anne Hengehold (Administrator)

    The DS-1 TRO which was ordered on March 3, 2022 and filed with the Clerk of the Circuit Court of Cook County, IL today is now available. Download it by clicking here.  

    To support IRELA’s ongoing advocacy regarding the importance of having an experienced, independent attorney representing the interests of each buyer and seller in a real estate transaction, donate now


  • Thu, March 03, 2022 1:27 PM | Anne Hengehold (Administrator)

    IRELA is pleased to inform you that Judge Cohen entered a TRO at 11:33 am this morning prohibiting the use of the new 2022 DS-1 Form for now (and requiring the old DS-1 Form to continue to be used instead). Status on preliminary injunction set for April 8, 2022 at 10:30 am.

    Judge Cohen instructed the Department to update its website today to indicate that the new form "shall" not be used. He also directed that the Department send out a Memorandum to this effect today, if possible.

  • Wed, June 17, 2020 12:02 PM | Anne Hengehold (Administrator)

    As a follow up to our last report on the General Assembly’s recent Special Session, Governor Pritzker signed SB 2135 on Friday. SB 2135 becomes Public Act 101-640 with the signing.

    This new law will allow for remote notarizations until 30 days after the expiration of the Governor’s most recent disaster declaration. Governor Pritzker’s current declaration is set to expire on June 27. Remote notarization will expire on July 27 if there are no more disaster declarations issued by Governor Pritzker.

    SB 264 was signed on Wednesday. SB 264 becomes Public Act 101-637. The Act provides $396 million in residential housing relief funding through the Illinois Housing Development Authority. The funding will come in the form of grants and be available for emergency rental and mortgage assistance, as well as subordinate financing. There will be $296 million available to those generally impacted by the Covid-19 crisis and an additional $100 million available to those impacted by Covid-19 and in disproportionately impacted areas.

    This grant funding was an alternative to SB 3066 which sought to address rent and mortgage payment moratoriums, rent control, and eviction reforms for certain periods of time during and after the Covid-19 crisis. This legislation is on hold until the upcoming Veto Session.

    The General Assembly will meet again during its annual Veto Session on November 17-19 and December 1-3.

    There has been no recent activity on ILTA’s market reform legislation.

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