Selling a Chicago House With Open Building Violations: What to Do First

If you want to sell a house with building violations in Chicago, start by learning what is open, in writing, before a buyer's side does. We are a contractor, not an attorney, so we won't tell you what the sale requires. We can tell you what the City's own records say about reliability, what a default or a lien can do, and what repair work looks like when you decide to fix before you sell.

What do you need to know before you list?

Gather three things: every notice you ever received (including ones you ignored), the City's current records for the address, and the status of any hearing. Then compare them.

The Department of Buildings lets you search permit, inspection and violation records by address, and the Chicago Data Portal has a violations dataset covering Department of Buildings violations (City of Chicago). Our guide to looking up Chicago building violations walks through it. But the City's own dataset notice says the data is historical, does not necessarily reflect current condition, includes both liable and not liable findings, and should not be relied on for real estate transactions. It points lenders and title companies to the title commitment for enforcement actions in the Circuit Court of Cook County or Administrative Hearings (City of Chicago).

So the search is a good first look. The title work is what a buyer's attorney and lender will actually rely on.

How can an old case follow you into the sale?

Two things matter most, and both are legal questions for your attorney.

A default. If an owner ignores a notice and the case ends in a default judgment, that judgment can be used to place a lien on the property, garnish wages and affect credit. A written motion to set aside a default generally has a short deadline, so do not wait (Administrative Hearings). If you are unsure whether you have a default, here is what happens when a violation is ignored.

A lien. Hearing outcomes can include liens. Where a building has been declared a public nuisance, fines and the City's own repair or demolition costs can become a lien on the property, and the City's repair costs can sit ahead of earlier liens other than taxes (Municipal Code summary). Ask your title company whether one is recorded and how it would be handled. How, at closing or before, is for your attorney and title company. See how a lien gets released.

Should you repair before you sell?

That is a decision to make with your attorney, your agent and your numbers. We can say what repairing first looks like in practice:

1. Get the notice, the cited items and the property's records in one folder.
2. Have a contractor look at each cited item and write a scope.
3. Do the work under the right permits, and keep the paperwork and photos that show it is finished.
4. Ask the Department of Buildings and your attorney what proof a buyer or title company will want.

If you are on the other side of the table, our guide to buying a two-flat with open violations shows what the buyer is being told to check, which is what your buyer's attorney will ask you for.

Who should be on your side of the sale?

A real estate attorney first. A title company second: they pull the commitment and see what is recorded. Then, if work is needed, a contractor who will write a plain scope and handle the City paperwork. Our landlord and buyer guide covers how exterior problems turn into violations, and we can look at the building and give a free estimate.

Common questions

This article explains general rules and common situations in Chicago. It is not legal advice, and City rules change. For a specific property, check with the Chicago Department of Buildings or a licensed professional.