If you're buying or selling real property in Illinois, you've likely encountered the attorney review clause. It's one of the features that distinguishes Illinois real estate practice from most other states — and one of the most misunderstood.
The Basics
The standard Illinois residential real estate contract includes an attorney review provision that gives both parties' attorneys five business days to review the contract after execution. During this period, either attorney can propose modifications, disapprove the contract, or approve it as written.
This isn't a formality. It's a substantive legal review period that can meaningfully affect the terms of your transaction.
What Happens During Attorney Review
When your attorney reviews a contract, they're evaluating:
- Contingencies — Are financing, inspection, and appraisal contingencies adequate for your situation?
- Timelines — Are the closing date, inspection periods, and mortgage commitment deadlines realistic?
- Tax prorations — How will real estate taxes be handled at closing, and are the proration terms fair?
- Title and survey — What title exceptions are anticipated, and how will survey issues be addressed?
- Special provisions — Are there unique terms (seller concessions, personal property, repairs) that need clarification?
The attorney review letter is where these concerns get formalized into specific contractual modifications.
Common Misconceptions
"Attorney review is just a way to get out of the contract." While the disapproval right exists, most attorney review letters propose modifications rather than outright disapproval. The goal is to improve the contract, not to kill the deal.
"I don't need an attorney — my real estate agent handles everything." Real estate agents provide valuable market expertise, but they cannot provide legal advice. The attorney review period exists precisely because contract terms have legal implications that require legal analysis.
"Attorney review adds unnecessary delay." Five business days is a modest investment in a transaction that represents one of the largest financial decisions most people make. The modifications made during attorney review frequently prevent disputes that would cost far more in time and money down the road.
When Attorney Review Matters Most
While every transaction benefits from attorney review, it's particularly important when:
- The property has title issues — easements, encroachments, or clouds on title that need resolution
- You're dealing with agricultural land — where crop rights, farm leases, and conservation easements add complexity
- The transaction involves seller financing or unusual terms that deviate from standard practice
- You're a first-time buyer navigating the process for the first time
The Bottom Line
Attorney review is a feature of Illinois real estate practice, not a bug. It gives both parties the opportunity to have their legal interests properly protected before the contract becomes binding. If you're involved in an Illinois real estate transaction, use it.