SPECIFIC PERFORMANCE

摘要

Illinois Appellate Court Gave Specific Performance to Purchaser of Commercial Building Housing Her Residence and Business Where Seller Relied on Her Representations That Mortgage on Building, In His Name, Faced Foreclosure, Based on His Personal Relationship with Her The Court of Appeals of Illinois affirmed a trial court judgment that a tenant of the owner of a commercial building which housed both the nail salon which she operated for the seller as an independent contractor, and her residence, could specifically perform a purchase contract for the sale of the property to her. The seller faxed a copy of the purchase agreement to the owner, with whom she had a personal relationship, telling him that the bank had informed her the property was facing disclosure, and that the bank had told her it was a good time to purchase the property. The court found that the seller's experience in selling property was greater than that of the purchaser, and that he could not reasonably rely on her statements, as the mortgage was in his name. Chung v. Pham (Not Reported in N.E. Rptr.), 2018 Ⅲ. App (3d) 170487-U, 2018 WL 6314749, No. 3-17-0487 (II. App. Nov. 20, 2018).