The Second District of the Illinois Appellate Court clarified Illinois law relating to attorney approval clauses in residential real estate transactions. In the case PATEL v. MCGRATH (2-06-0472) the court ruled that unless an attorney specifically proposes a modification (rather than a suggestion for better or different terms), that proposal is not a counter-offer (as was thought to be the case based on prior rulings) but instead, the then “current” contract remains in full force and effect. The new Multi-Board Real Estate Contract 5.0 has adopted an attorney modification paragraph in conformity with this case.
