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You may be able to sell the home privately, but the legal process of transferring the property from you to the buyer requires the participation of lawyers and the Deeds Office.
Most contracts contain a mortgage contingency clause, a provision which allows the buyer to lawfully cancel a transaction if the buyer cannot obtain a loan that satisfies the terms of the mortgage called for by the contract.
If the buyer fails to complete the transaction, the seller may forfeit the money, unless the parties have made a notarised agreement stating otherwise.
A buyer cannot legally withdraw an offer on a house if contracts have been exchanged. This makes exchanging contracts the most important element for you, as the seller. If a buyer does pull out after exchanging contracts, you are within your rights to sue them for losses.
Although Illinois law does not require a real estate attorney to be present at closings, hiring an attorney when buying or selling your home is always wise.
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You may be able to sell the home privately, but the legal process of transferring the property from you to the buyer requires the participation of lawyers and the Deeds Office.
Since the process of selling your home is fairly complex, the Illinois State Bar Association recommends that you hire and consult with an experienced real estate attorney before you sign any documents related to the sale of your home.
In Illinois, attorney review is a 5-business day period that allows a property buyers or sellers attorney to review and approve or disapprove a real estate contract. Sometimes, provisions will also allow the attorney to amend a real estate contract as well.
Some states mandate that home buyers hire an attorney for the real estate closing while others stay silent on the matter. Illinois is one of the states that does require you to have a lawyer review your purchase agreement before finalizing your home purchase.
Most contracts contain a mortgage contingency clause, a provision which allows the buyer to lawfully cancel a transaction if the buyer cannot obtain a loan that satisfies the terms of the mortgage called for by the contract.

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