Brief Summary
Three brothers—Bruce, Brad, and Brian Brandolino (plaintiffs)—held remainder interests in a piece of real property (Property) which their father sold to a bank in 2005. In 2019, plaintiffs sued the defendant attorney (defendant), alleging he committed legal malpractice while representing their father in that sale. Defendant's motion for summary judgment based on Illinois' six-year statute of repose (735 ILCS 5/13-214) was granted.
Complete Summary
In 1998, the Property was conveyed to plaintiffs' father as a life tenant, with plaintiffs as remaindermen. In 2005, plaintiffs' father decided to sell the Property, and offered each plaintiff $100,000 in exchange for their help facilitating the transaction. He retained defendant to draft the necessary documents for the sale. Defendant never spoke to plaintiffs, who did not know his name or how to reach him until 2016.
On Dec. 22, 2005, plaintiffs met their father at a bank and signed the documents defendant had prepared. Defendant was not present, and plaintiffs' father only provided them with signature pages for the closing documents. When the transaction closed seven days later, defendant gave plaintiffs' father an envelope for each plaintiff containing copies of the closing documents and a check for $100,000. However, plaintiffs only received the checks.
Plaintiffs' father passed away on Sept. 24, 2017. Plaintiffs then discovered the closing documents from the Property sale which occurred almost twelve years...
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https://www.jdsupra.com/legalnews/plaintiffs-lack-of-diligence-defeats-3953852/