Erik K Jacobs

Erik Jacobs is a highly regarded litigator and transactional attorney in Northern Illinois. He received a BBA in Finance from the University of Iowa and his law degree, with honors, from the Northern Illinois University College of Law in 1991. He was a member of both the Law Review and the National Moot Court Team as well as a Research Assistant for the Dean of the Law School. He spent the first two years of his practice as a law clerk to a Federal Judge in the Northern District of Illinois before moving into private practice where he represented physicians and hospitals in medical malpractice litigation. Over the next several years he acquired an affinity for real estate and developed a transactional practice alongside his defense work. Over his nearly 30 years of practice he has represented hundreds of developers, contractors and consumers in residential and commercial real estate transactions and related litigation throughout the area. He spent many years as counsel to the Rockford Area Association of Realtors® (RAAR) and was instrumental in drafting the RAAR and Winnebago County Bar Association (WCBA) Joint Approved Contracts for the purchase and sale of residential, commercial/industrial, and farm properties as well as contracts for new construction and other forms. He currently serves as General Counsel for the Rockford Area Apartment Association. He is a past Chairman of the Real Estate and Alternative Dispute Resolution Sections of the Winnebago County Bar Association. He has been the Hearing Officer for Winnebago County, Illinois since 1997, where he presides over violations of the County’s Health, Zoning and Building code violation hearings, among other things. He is an active member of the Winnebago County and Illinois State Bar Associations and the Illinois Real Estate Lawyers Association. Among other civic and charitable activities, he volunteers his time as a board member for the Rockford Area Habitat for Humanity.

Northern Illinois University College of Law

J.D. (1991) | Law

1989 - 1991

Honors: Graduated with Honors

Activities: Member of the Law Review Member of the National Moot Court Team Best Oral Advocate Research Assistant to Dean Leonard P. Strickman

University of Iowa

B.B.A. (1987) | Finance

1983 - 1987

Activities: I was a member of the University of Iowa Soccer Team

Partner

Cicero, France & Alexander, P.C.

2015 - Current

Hearing Officer

Winnebago County

1997 - Current

I preside over cases involving violations of the Winnebago County Illinois Zoning, Building, Health and Animal Control Ordinances.

Partner

Hyzer, Hyzer & Jacobs

1999 - 2015

Associate

Kostantacos, Traum, Reuterfors & McWilliams, P.C.

1993 - 1999

Law Clerk

United State District Court for the Northern District of Illinois - Honorable Philip G. Reinhard

1991 - 1993

Instructor, Rockford, IL

Rockford Area Association of Realtors

I provided instruction to Rockford Area Realtors regarding the local Joint Approved Contract for the Purchase and Sale of Real Estate (Residential, Commercial/Industrial, Farms, Condominiums), Agency and Ethics for many years. I have also spoken at various Continuing Legal Education courses over the past 29 years.

State Bar of Illinois

Member

Current

Illinois Real Estate Lawyers Association

Current

Winnebago County Bar Association

1993 - Current

Activities: Past Chairman of the Real Estate and CLE Sections Past President of the Winnebago County Bar Foundation

Illinois State Bar Association

1993 - Current

Illinois

Supreme Court of Illinois

ID Number: 6207081

Since 1991

United States Court of Appeals for the 7th Circuit

Since 1998

United States District Court - Northern District of Illinois

Since 1993

• Free Consultation
  Free Consultations in Wrongful Death and Personal Injury cases
• Credit Cards Accepted
• Contingent Fees
  Contingent Fee Agreements are available in Wrongful Death and Personal Injury cases.
• Rates, Retainers and Additional Information
  Our firm has a schedule of regular hourly fees for all cases except Wrongful Death and Personal Injury cases, which are accepted on a contingent fee basis.

Real Estate Law

Commercial Real Estate, Condominiums, Easements, Eminent Domain, Homeowners Association, Land Use & Zoning, Mortgages, Neighbor Disputes, Residential Real Estate, Water Law

Personal Injury

Animal & Dog Bites, Brain Injury, Car Accidents, Construction Accidents, Motorcycle Accidents, Premises Liability, Truck Accidents, Wrongful Death

Business Law

Business Contracts, Business Dissolution, Business Finance, Business Formation, Business Litigation, Franchising, Mergers & Acquisitions, Partnership & Shareholder Disputes

Insurance Claims

Bad Faith Insurance, Business Insurance, Disability Insurance, Health Insurance, Life Insurance, Motor Vehicle Insurance, Property Insurance

Arbitration & Mediation

Business Arbitration, Consumer Arbitration, Family Arbitration

Estate Planning

Guardianship & Conservatorship Estate Administration, Health Care Directives, Trusts, Wills

Probate

Probate Administration, Probate Litigation, Will Contests

Insurance Defense

Q. What are my options for roof damage that occurred after inspection but before closing?

23 June 2021

A: A number of states (including Illinois) have adopted the Uniform Vendor and Purchaser Risk Act (765 ILCS 65/1). This Act provides that in all real estate contracts there is an implied term that if the purchaser has NOT yet received title OR possession of the property, the seller bears the risk associated with any destruction of the premises. If the property is destroyed through no fault of the buyer, the seller cannot enforce the contract and the buyer is entitled to the return of any earnest money paid. If the buyer HAS taken possession of the property prior to its destruction, he is obligated to proceed to close on the transaction. Many joint approved contract forms provide that the risk of loss falls on the seller prior to closing. Under these contractual provisions a buyer is generally given two options: (1) The buyer may elect to terminate the contract and have his earnest money back returned; or (2) accept the premises as damaged or destroyed, together with the proceeds of any insurance payable as a result of the destruction or damage. So, my first recommendation would be that you review the specific terms of your contract. Then, assuming that it does not shift the risk of loss to the buyer, then approach the seller again. Whether or not they submit the claim to their insurance company does not change their liability to you....

Q. May I change the locks on a home I own that has been for the most part abandoned? Please see additional info below:

29 April 2021

A: As a practical matter, yes. Possession has been ordered in the foreclosure. The owner does not RESIDE in the premises. It sounds like he's an occasional trespasser.

Q. Inherited undivided interest in a large amount of land, that has mineral rights. Can one of the family members force the

29 March 2021

A: Yes - the family members who want to sell can file a partition action to accomplish that. A better option would be for the family members to agree to have the land appraised and the members who wish to keep the land can purchase the interests of the family members who wish to sell based on the appraised value.