Kane 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.

Kane County Offices You May Deal With

• Kane County Recorder (Geneva). Deeds, mortgages and releases for Kane County property are recorded with the Kane County Recorder. Your title company typically handles recording at closing.
• Kane County Supervisor of Assessments and township assessors. Homestead exemptions, including the general homestead exemption and the senior exemption for owners 65 and older who live in the home as a primary residence, are handled through the Kane County Assessment Office. Many can be filed through the county’s online exemption portal.
• Kane County Treasurer. Illinois property taxes are paid a year in arrears, so the closing statement usually includes a credit from seller to buyer for taxes that have accrued but are not yet billed. We check the proration against the contract.
• Municipal offices. Each city or village sets its own transfer stamp, final water reading and permit rules.

Kane County Town-by-Town Notes

• St. Charles: the City states it does not require a municipal transfer tax or stamp; sellers typically arrange a final water meter reading. See our St. Charles real estate attorney page.
• Aurora: the City imposes a transfer tax of $3 per $1,000 of sale price, and city balances must be paid before a stamp is issued. Aurora also extends into DuPage, Will and Kendall Counties, which affects recording and taxes.
• Elgin: the City requires a transfer stamp before property within city limits is conveyed. Parts of Elgin are in Cook County.
• Geneva, Batavia, North Aurora, South Elgin and Campton Hills: confirm any local stamp, water reading or payoff requirement with the municipality before closing.
• Unincorporated Kane County: permits and zoning may fall under Kane County rather than a village, and many homes rely on private wells and septic systems.

Issues We See in Kane County Transactions

• Older homes in the river towns. St. Charles, Geneva and Batavia have many homes built before 1978, which triggers the federal lead-based paint disclosure and often uncovers additions or finished basements without permits.
• Well and septic. Rural and Campton Hills-area properties may need well water testing and septic inspections, and the contract should give the buyer time to get them.
• Subdivision and HOA covenants. Newer subdivisions in Kane County often have declarations that limit fences, sheds, rentals and exterior changes. We review them before the buyer is committed.
• Surveys and easements. Fences, driveways and sheds that cross a lot line or sit in a utility easement show up on the plat of survey and in the title commitment.
• Sales without a listing agent. For-sale-by-owner sellers still need a written contract, disclosures and a closing; we can prepare and guide the paperwork.

Related Pages and Guides

If your home is in DuPage County, see our DuPage 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 transaction, and the residential real estate practice page links everything in one place.

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.