Thomas O. Moens’s Answers

Thomas O. Moens

Moline Real Estate Attorney.

Contributor Level 19
  1. Do you lawyers expect to get paid even if a real estate closing does not go through?

    Answered over 1 year ago.

    1. Thomas O. Moens
    2. Paul A. Smolinski
    3. Matthew R. Gebhardt
    4. Celia R Reed
    5. Lela Jeannette Davis
    6. ···
    7 lawyer answers

    Perhaps this explanation sounds self-serving, but I assure you it is sincere. When clients balk about paying me even if this closing does not occur, I explain to them that I am the only one in the transaction who is not going to be paid only if it closes. The real estate agent does not get paid unless it closes, nor does the loan officer or closing agent. So, as nice and professional as those folks may be, they have a vested interest in making sure the darn thing gets closed no matter what....

    Selected as best answer

  2. I fell in a pothole walking into a store. I am 38 weeks pregnant. I injured my ankle and fell on stomach. Should I make a claim?

    Answered over 1 year ago.

    1. Clifford Horwitz
    2. Thomas O. Moens
    3. Stephen Laurence Hoffman
    4. Harold L. Wallin
    5. Tanya Marie Bachand
    6. ···
    9 lawyer answers

    Rather than handle this yourself, I would suggest consulting with a personal injury attorney. Asking the wrong question, or saying the wrong thing could compromise your case. The Find a Lawyer tab at the top of the page will let you search by practice area and location.

    13 lawyers agreed with this answer

  3. A small trucking company is trying to sue me for a accident that wasn't my fault, I have a witness as well.

    Answered 8 months ago.

    1. Thomas O. Moens
    2. John L. Schroeder
    3. Alfred Fargione
    4. Kevin Coluccio
    5. Christian K. Lassen II
    6. ···
    10 lawyer answers

    Sure they can sue you. You should let your insurance company handle this for you--that is one of the reasons you pay them. You were absolutely correct in moving your vehicle out of a dangerous situation and into safer location. It makes no sense to leave your vehicle in a place where it creates a hazard to you or others.

    11 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. What recourse when our lawyer didnt file amended complaint within the 30 days and lied to us about it and many other things.

    Answered over 1 year ago.

    1. Charles Joseph Michael Candiano
    2. Thomas O. Moens
    3. Louis Joseph Meyer
    4. Stephen Laurence Hoffman
    5. Christian K. Lassen II
    6. ···
    10 lawyer answers

    I agree you may have a legal malpractice claim. However, something to keep in mind about such cases is that not only must you prove malpractice, you must also prove your underlying claim.

    11 lawyers agreed with this answer

    1 person marked this answer as helpful

  5. WHY WONT THE JUDGE SET A BOND FOR AN INMATE AT COOK COUNTY JAIL e.g., Do I need a real estate attorney?

    Answered 8 months ago.

    1. Thomas O. Moens
    2. Christopher Daniel Leroi
    3. Robert Jason De Groot
    4. Alan James Brinkmeier
    5. Judy A. Goldstein
    6. ···
    7 lawyer answers

    Unless the defendant needs to sell real estate in order to finance his defense, a real estate attorney is not going to be of much assistance in this situation.

    11 lawyers agreed with this answer

  6. What is it called if someone has taken advantage of an elderly person by taking money for a service and not completing the work

    Answered about 1 year ago.

    1. Thomas O. Moens
    2. Joseph Franklin Pippen Jr.
    3. Jeffrey R. Gottlieb
    4. Christopher Daniel Leroi
    5. William Ray Pelger
    6. ···
    6 lawyer answers

    She could have an attorney send a demand letter and/or sue the individual. In addition, she may be able to get some assistance from the Illinois Department on Aging: http://www.state.il.us/aging/1abuselegal/abuselegal-main.htm

    11 lawyers agreed with this answer

  7. Hello my sister lives in Illinois, her friend of 40 years just passed away and in his will he left her his condo, it's filthy.

    Answered about 1 year ago.

    1. Thomas O. Moens
    2. Judith Anne Schening
    3. Henry Repay
    4. Ray Choudhry
    4 lawyer answers

    She should contact a real estate attorney in her area for assistance. Several things come to mind. First, her attorney should ascertain whether their are mortgages or liens on the property. Perhaps there is more owed than the property is even worth. She may not be required to accept the property. If the taxes are not paid, it likely will be a couple of years before the property is lost (you do not mention if the property is in Illinois or not). When she is ready to sell the property, the taxes...

    Selected as best answer

  8. Illinois. My ex has been recording our telephone calls without my consent. What is the specific crime she can be charged with?

    Answered about 1 year ago.

    1. Thomas O. Moens
    2. Gary L. Schlesinger
    3. John Christopher Johnsen
    4. David Matthew Gotzh
    4 lawyer answers

    That would be 720 ILCS 5/14-1, which requires all paties to the conversation to consent. http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=072000050HArt.+14&ActID=1876&ChapterID=53&SeqStart=32750000&SeqEnd=34900000

    Selected as best answer

  9. Can one be sued by a buyer for home defects after selling a home that has been inspected?

    Answered about 1 month ago.

    1. Thomas O. Moens
    2. Anthony Robert Scifo
    3. Judy A. Goldstein
    4. Gerald William Napleton
    5. Juliet E. Boyd
    6. ···
    7 lawyer answers

    The tricky bit with these types of claims is that the buyer would need to prove the seller was aware of the defect. Not always easy, but sometimes possible. I have seen a few situations where the seller actually talked to the neighbors about the problem, and the neighbors would testify against the seller. Also, once in a while the seller will have had a contractor look at the problem, and then by dumb luck, the buyer contacts the same contractor. If you are the seller, I would suggest you talk...

    10 lawyers agreed with this answer

  10. I am getting sued by a person that I got into a fight with. He called me to step outside and he threatened to beat me up.

    Answered 2 months ago.

    1. Thomas O. Moens
    2. Stephen Laurence Hoffman
    3. Robert Alan Cohen
    4. Alan James Brinkmeier
    4 lawyer answers

    Whether he is right, wrong, or a little of both, the fact is you have been sued. If you ignore it, he will win by default. If you try to take this on yourself and the plaintiff has an attorney, you are going to have a heck of a tough time winning. You would be wise to hire an attorney to represent you.

    10 lawyers agreed with this answer