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Buyer vs Seller Strategy in Illinois Attorney Review
Different priorities, different leverage, different risks. The buyer side and seller side of an Illinois attorney-review window are not symmetrical.
Buyers and sellers approach Illinois attorney review with different priorities, different leverage, and different risks. Understanding the strategy difference matters for both sides — and especially for clients who have been on both sides of a closing in different transactions.
What buyers should focus on in attorney review
Inspection contingency drafting — the language that determines what the buyer can demand based on inspection findings. Too narrow and the buyer is locked in; too broad and the seller may push back.
Financing contingency drafting — the language that protects the buyer if the mortgage falls through. The standard language is sometimes inadequate for unusual financing situations (jumbo, portfolio loans, contingent on sale of current home, etc.).
Escalation clause review — if the buyer used an escalation clause to win the bid, the buyer's attorney verifies the math, validates the documentation requirement, and confirms the cap.
Appraisal-gap risk allocation — if the appraisal comes in below the purchase price, who absorbs the gap? The buyer? The seller? Split? The contract should be explicit.
Possession after closing — if the seller stays in the property post-closing, the per-diem rate, deposit, and termination terms need to protect the buyer.
What sellers should focus on in attorney review
Tax-proration calculation — the seller's attorney calculates and proposes; the buyer's attorney reviews. The math depends on the most recent property tax bill, the township's reassessment cycle, and the relevant proration date. A small percentage error on a $10,000 annual tax bill can mean hundreds of dollars.
Title-related obligations — what the seller is required to clear before closing. Some title-commitment exceptions are standard; some require seller action that may not be possible or affordable.
Inspection response strategy — when the buyer presents inspection demands, the seller has to choose between repair, credit, refuse, or counter-propose on each. Strategic response matters for the closing economics.
Closing-credit treatment — some buyer-side credits hide in the contract. The seller's attorney makes sure they're explicit and capped.
Possession-after-closing terms (if applicable) — the seller's attorney verifies that the post-closing-possession rights match the seller's actual moving plan and protect against landlord-tenant defaults.
Why the same attorney can't represent both sides
Illinois Rules of Professional Conduct generally prohibit dual representation in real estate transactions where the parties' interests are adverse. The buyer and seller in a residential real-estate closing have adverse interests on price, contingencies, prorations, and risk allocation. Adam Lysinski represents only one side in any given transaction — the buyer or the seller, never both.
Same attorney across transactions
It's common for repeat clients to use Adam on both sides — representing them as buyer in one transaction and as seller in a later transaction. This works because each transaction is its own engagement and the dual-representation prohibition applies within a single transaction, not across transactions over time.
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