Hubble v. O'Connor
Illinois Appellate Court
684 N.E.2d 816 (1997)
The Hubbles (plaintiffs) contracted to sell a condominium to O'Connor (defendant), with an attorney-approval clause voidable only if disapproved within an extended window ending June 22; the contract stated it would otherwise remain in full force. Between June 17 and 30, the parties discussed possible modifications but never executed any changes, and O'Connor's attorney did not formally disapprove until July 6, two weeks after the window closed. The Hubbles sued after O'Connor refused to close, and the circuit court granted O'Connor summary judgment based on an implied agreement that the contract wasn't final until modifications were resolved. The Hubbles appealed.
Whether an attorney-approval contingency in a real estate contract is a condition subsequent that does not prevent formation of a binding contract upon execution.