DuPage County Residential Real Estate Attorney

1. Offer and acceptance. Most Kane and DuPage County deals use the Multi-Board Residential Real Estate Contract 8.0. The “Date of Acceptance” starts most of the deadlines that follow.
2. Earnest money. The deposit is due within the number of Business Days written into the contract and is usually held by a brokerage as escrowee. Our earnest-money guide explains who holds it and how contingencies protect it.
3. Attorney review. Under the 8.0 form, the attorneys generally have five Business Days after acceptance to approve, disapprove or propose changes. See our article on the attorney review period.
4. Inspection. If the inspection option is selected, notice of major-component defects is generally due within five Business Days. How the request is worded affects what the seller is being asked to do.
5. Financing and appraisal. The mortgage contingency date and any appraisal terms are tracked so that notice, if needed, is served on time.
6. Title, survey and association documents. We review the title commitment, plat of survey and, for condominiums and HOAs, the association disclosures before closing.
7. Closing. Lenders must provide the Closing Disclosure at least three business days before closing. We compare it, and the settlement statement, against the contract, credits and prorations, then attend closing.

DuPage County Offices You May Deal With

• DuPage County Clerk – recording. Recording of deeds and mortgages for DuPage County property is handled by the DuPage County Clerk’s recording division in Wheaton (the former Recorder of Deeds office). The title company typically records at closing.
• DuPage County Supervisor of Assessments and township assessors. Homestead exemptions, such as the general homestead and senior exemptions, are administered here. Check with the county about eligibility and deadlines after you buy.
• DuPage County Treasurer. Property taxes are paid in arrears, so prorations at closing matter. We confirm the credit against the most recent bill and the contract terms.
• Municipal offices. DuPage towns frequently require transfer stamps, final water readings and, in some villages, point-of-sale inspections.

DuPage County Town-by-Town Notes

• Naperville: a city transfer tax of $1.50 per $500 of purchase price, rounded up to the next $500, purchased by the buyer through the City’s online portal. Naperville also extends into Will County. See our Naperville residential real estate attorney page.
• Wheaton: a city transfer tax of $2.50 per $1,000 of sale price, purchased by the buyer; the seller schedules a final water reading 5 to 7 days before closing. See our Wheaton real estate attorney page.
• Carol Stream: a village transfer tax of $3.00 per $1,000 that generally falls on the seller, with a final water reading at least 2 working days before closing.
• Glendale Heights: a point-of-sale code inspection (apply at least 21 days before closing) plus a $3 per $1,000 village stamp.
• West Chicago: its own property transaction process, which can include a deed certification stamp and inspection-related steps.
• Downers Grove, Warrenville and Winfield: confirm any local stamp, water reading or payoff requirement before closing.

Issues We See in DuPage County Transactions

• Condominiums and townhomes. Illinois condominium sellers must provide the disclosures in Section 22.1 of the Condominium Property Act (765 ILCS 605/22.1), including the declaration, budget, reserves and any pending special assessments. HOA communities have similar documents under the Common Interest Community Association Act.
• Competitive offers. Multiple-offer situations push buyers to shorten or waive contingencies. We explain what each waiver gives up before you commit.
• Point-of-sale and stamp timing. A missed inspection or unpaid water bill can stop a village from issuing a stamp and delay closing.
• Teardowns and additions. Older homes in established neighborhoods are often expanded or replaced. Permits, zoning and survey issues need attention during attorney review.

Related Pages and Guides

If your home is in Kane County, see our Kane County residential real estate page. Buyers should read the earnest-money guide and our article on the attorney review period. Our Illinois home buyer’s guide and Illinois home seller’s guide cover each side of the deal, and the residential real estate practice page collects all of our real estate resources.

Attorney Advertising. This page is general information only and is not legal advice. Reading it does not create an attorney-client relationship. Every transaction is different, contract forms and local rules change, and prior results do not guarantee a similar outcome. Contact an attorney about your specific situation.