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Daniels v. Anderson

Illinois Supreme Court

642 N.E.2d 128 (1994)

Relevant factsFree

Daniels (plaintiff) held an unrecorded right of first refusal on a plot of land later sold by the same sellers to Zografos (defendant), who had paid $40,000 of the $60,000 price before learning of Daniels's right, then paid the remaining $20,000 afterward; the trial court found Zografos lost bona fide purchaser status once he learned of the right with $20,000 still owed, ordering him to convey the land to Daniels in exchange for reimbursement of the purchase price and property taxes, and the appellate court affirmed.

IssueFree

Whether a purchaser of real property without notice of an existing, unrecorded interest may nonetheless be subjected to that interest when he learns of the interest while still paying off the purchase price.

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