DGAA bLAWg

PIATTI PRONTI THANK YOU THURSDAY PROMOTION

Web Admin - Thursday, June 20, 2013

Welcome to the DGAA Law, LLC Blog. The weekly winners of our“Thank You Thursday”™ promotions are posted here. “Thank You Thursday”™ is a promotion that is run through our Facebook page. Our intention is to thank those who have “liked” our Facebook page by providing them with a weekly opportunity to win free prizes. No strings attached. You do not need to hire us in order to win the prize. The rules are simple; enter your name via the survey on one of our “Thank You Thursday”™ posts and you are entered for a chance to win.

Congratulations to the winners of the June 13, 2013 “Thank You Thursday”™ promotion with Piatti Pronti!!!  The winners are;

Ellen Corcoran
Jeannie Bolash
Jason Reese
Jennifer Higa
Lynn Tubalinal


Please contact Colin H. Gilbert at cgilbert@dgaalaw.com and notify him as to what address you would like your prize sent. Please include the term “Thank You Thursday” in the subject line of your e-mail.

NORTHWEST PLUMBING THANK YOU THURSDAY PROMOTION

Web Admin - Tuesday, June 11, 2013

Welcome to the DGAA Law, LLC Blog. The weekly winners of our“Thank You Thursday”™ promotions are posted here. “Thank You Thursday”™ is a promotion that is run through our Facebook page. Our intention is to thank those who have “liked” our Facebook page by providing them with a weekly opportunity to win free prizes. No strings attached. You do not need to hire us in order to win the prize. The rules are simple; enter your name via the survey on one of our “Thank You Thursday”™ posts and you are entered for a chance to win.

Congratulations to the winners of the June 6, 2013 “Thank You Thursday”™ promotion with Northwest Plumbing!!! The winners are;

Shannan Meehan
Ellen Folan
Nancy J. Bredberg
Michelle Manfrdi
Chrissy Harris

Please contact Colin H. Gilbert at cgilbert@dgaalaw.com and notify him as to what address you would like your prize sent. Please include the term “Thank You Thursday” in the subject line of your e-mail.

BUYING OR SELLING REAL ESTATE? BETTER CALL A REAL ESTATE ATTORNEY

Web Admin - Thursday, June 06, 2013

Co Authored by Colin H. Gilbert and Tim Kennan

You have done it. You have found the perfect house, or better yet…someone has decided that yours is the perfect house and they have decided to buy it! Either way, you are moving onward and upward with your life. It’s time for change. The contract is signed and the deal is done. Right? Wrong.

Once the real estate contract has been executed, you have five (5) business days for your attorney to review the contract and propose any modifications to the other side. The time period begins to toll the day after the contract has been executed. It does not include weekends or holidays. The modifications proposed can be anything from the purchase price to the request for a well and septic test to be completed (if you did originally negotiate for that at the start of the transaction).

Hiring a real estate attorney at the beginning of the process can help save you a lot of headaches down the road. If possible, have a real estate attorney lined up prior to contract execution so they will be ready for it – remember; they only have 5 days to review. A real estate attorney can help identify problems before they even exist by including clauses that protect the buyer or seller, and ensuring that all the necessary disclosures are made. Buying a condo? Make sure that there are no special assessments looming. Selling your home? Make sure the property you plan to take with you was excluded from the Contract.

The real estate attorney review clause allows you peace of mind. The entire process of buying or selling a home can be overwhelming. You’ve likely let a professional realtor help you find the right home, or line up the right buyer. Do not assume that you can take it from here. You may think the hard part is over, but in fact, it has only begun.

LA ROCA TAPAS THANK YOU THURSDAY PROMOTION

Web Admin - Tuesday, June 04, 2013

Welcome to the DGAA Law, LLC Blog.  The weekly winners of our“Thank You Thursday”™ promotions are posted here.   “Thank You Thursday”™ is a promotion that is run through our Facebook page.  Our intention is to thank those who have “liked” our Facebook page by providing them with a weekly opportunity to win free prizes.  No strings attached.  You do not need to hire us in order to win the prize.  The rules are simple; enter your name via the survey on one of our “Thank You Thursday”™ posts and you are entered for a chance to win.

Congratulations to the winners of the May 30 2013 “Thank You Thursday”™ promotion with La Roca Tapas!!!  The winners are;

Sandy Quintell

Tom Sanders

Dave Zawadzki

Krista Spaletto

Scott Harris

Please contact Colin H. Gilbert at cgilbert@dgaalaw.com and notify him as to what address you would like your prize sent.  Please include the term “Thank You Thursday” in the subject line of your e-mail.

TAKE ADVANTAGE OF THE REAL ESTATE TAX APPEALS PROCESS

Web Admin - Friday, May 31, 2013

Co Authored by Colin H. Gilbert and Tim Kennan

The Cook County Assessor’s Office recently sent out assessment notices for eight northern townships. The first went out on April 8th, with the most recent having been sent May 22nd. You may have some question as to the methodology the Assessor uses determines the value of a property. Many of the questions you have can be answered by visiting the Cook County Assessors website at www.cookcountyassessor.com. For example, if you are wondering how your home is valuated, the site will explain that the value of your house is based on the recent sales of properties in your neighborhood that have similar characteristics to your home (age, square footage and type of construction). You can also determine how your taxes are calculated – but we’ll save you the trip to the site;
To calculate your property tax bill, use the following example, which is for a home with estimated market value of $100,000:

$100,000

Estimated Market Value

X .10

Assessment Level (10%)

$10,000

Proposed Assessed Valuation

X 2.9706

2011 State Equalizer

$29,706

Equalized Assessed Value

- 6,000

Homeowner Exemption

$23,706

Adjusted Equalized Value

X.10

Sample Tax Rate (your tax rate could vary)

$2,370

Estimated Tax Bill in Dollars

One area of the site that deserves your attention is “Appeals”. There you will find information explaining how you can start an appeal of your properties assessment and what reasons the office will likely look for when evaluating your property. Additional information detailing the appeals process, such as the “thirty calendar days” rule, is also available.
If a property tax attorney will file your appeal on your behalf then you must complete an Owner/ Lessee Verification Form. Your attorney will have the form available for your execution. Property taxes are an economically significant aspect of your life. Ensure that you do not over pay by taking advantage of the appeals process. If you have any questions, please feel free to contact Drost, Gilbert, Andrew & Apicella, LLC.

ON THE BEATON PATH THANK YOU THURSDAY PROMOTION

Web Admin - Tuesday, May 28, 2013
Welcome to the DGAA Law, LLC Blog. The weekly winners of our “Thank You Thursday”™ promotions are posted here. “Thank You Thursday”™ is a promotion that is run through our Facebook page. Our intention is to thank those who have “liked” our Facebook page by providing them with a weekly opportunity to win free prizes. No strings attached. You do not need to hire us in order to win the prize. The rules are simple; enter your name via the survey on one of our “Thank You Thursday”™ posts and you are entered for a chance to win.

Congratulations to the winners of the May 23, 2013 “Thank You Thursday”™ promotion with On the Beaton Path!!! This weeks winners receive a one day general admission pass to Six Flags Great America! The winners are;

Nancy Richards
Adam Hodge
Marcy Alfrejd
Heather Haemker


Please contact Colin H. Gilbert at cgilbert@dgaalaw.com and notify him as to what address you would like your prize sent. Please include the term “Thank You Thursday” in the subject line of your e-mail.

HOT DOG RICHIES THANK YOU THURSDAY PROMOTION

Web Admin - Tuesday, May 21, 2013
Welcome to the DGAA Law, LLC Blog. The weekly winners of our “Thank You Thursday”™ promotions are posted here. “Thank You Thursday”™ is a promotion that is run through our Facebook page. Our intention is to thank those who have “liked” our Facebook page by providing them with a weekly opportunity to win free prizes. No strings attached. You do not need to hire us in order to win the prize. The rules are simple; enter your name via the survey on one of our “Thank You Thursday”™ posts and you are entered for a chance to win.

Congratulations to the winners of the May 9, 2013 “Thank You Thursday”™ promotion with Hot Dog Richies!!! The winners are;

Tracy Groark
Heather Haemker
Jashua Mack
Scott Baxendale

Please contact Colin H. Gilbert at cgilbert@dgaalaw.com and notify him as to what address you would like your prize sent. Please include the term “Thank You Thursday” in the subject line of your e-mail.

TTOWA THANK YOU THURSDAY PROMOTION

Web Admin - Monday, May 13, 2013
Welcome to the DGAA Law, LLC Blog. The weekly winners of our “Thank You Thursday”™ promotions are posted here. “Thank You Thursday”™ is a promotion that is run through our Facebook page. Our intention is to thank those who have “liked” our Facebook page by providing them with a weekly opportunity to win free prizes. No strings attached. You do not need to hire us in order to win the prize. The rules are simple; enter your name via the survey on one of our “Thank You Thursday”™ posts and you are entered for a chance to win.

Congratulations to the winners of the May 9, 2013 “Thank You Thursday”™ promotion with Ttowa!!! The winners are;

Liz Kang
Jennifer Nitch
Gordon Goranson
Kirsten Freiberger

Please contact Colin H. Gilbert at cgilbert@dgaalaw.com and notify him as to what address you would like your prize sent. Please include the term “Thank You Thursday” in the subject line of your e-mail.

BENTLEY’S CORNER BARKERY THANK YOU THURSDAY PROMOTION

Web Admin - Tuesday, April 30, 2013
Welcome to the DGAA Law, LLC Blog. The weekly winners of our “Thank You Thursday”™ promotions are posted here. “Thank You Thursday”™ is a promotion that is run through our Facebook page. Our intention is to thank those who have “liked” our Facebook page by providing them with a weekly opportunity to win free prizes. No strings attached. You do not need to hire us in order to win the prize. The rules are simple; “Like” our page and “Like” one of the “Thank You Thursday”™ post and you are entered for a chance to win.

Congratulations to the winners of the April 25, 2013 “Thank You Thursday”™ promotion with Bentley’s Corner Barkery!!! The winners are;

Nancy Pierri Columbia
Kate McCarville Metzel
Jeanette Debaldo
Nancy O’Connor Carlson
Joe Hubbard

Please contact Colin H. Gilbert at cgilbert@dgaalaw.com and notify him as to what address you would like your prize sent. Please include the term “Thank You Thursday” in the subject line of your e-mail.

Signing Your Child’s Life Away Or . . . Are Exculpatory Clause Waivers Enforceable Against Minors?

Web Admin - Tuesday, April 30, 2013
My daughter recently went on a ski trip organized by her middle school ski club. On top of the normal parental permission slip, she also brought home the ski resort waiver form which had to be signed in order for her to participate. The form said, in sum and substance, if we [the ski resort] kill, paralyze or maim your child as a result of our negligence, we are not responsible. Hope you have health insurance. At the same time, without regard to negligence if your kid returns our ski equipment scratched, dented or otherwise damaged, be prepared to write a check. This was unfortunately not our only experience with such a waiver. My son was recently invited to a classmate’s birthday party at one of the trampoline centers that seem to be popping up all over these days. Included with the invitation was a similar waiver for us to sign in order for our son to attend his friend’s party.

Consider this for a second. These businesses profitably market themselves as a fun place to bring children, but at the same time tell you they are so concerned that your child will be injured as a result of their negligence, you need to sign an agreement not to hold the business responsible when it actually happens. I can’t be the only parent troubled by being asked to sign one of these.

But can this actually be enforced? In Illinois, the answer to that question is clearly “No.” The Court, in Meyer v. Naperville Manner, Inc., 262 Ill.App.3d 141 (2d Dist. 1994) held that a waiver of liability signed by a parent before the minor child’s cause of action accrued is ineffective. Illinois is not alone in applying this rule. It is the general rule that, in the absence of statutory or judicial authorization, a parent cannot waive, compromise, or release a minor child’s cause of action. See, e.g., Johnson v. New River Scenic Whitewater Tours, Inc., 313 F. Supp. 2d 621, 629-32 (S.D. W.Va. 2004) (finding that a parent could not waive liability on behalf of a minor child and also could not indemnify a third party against the parent’s minor child for liability for conduct that violated a safety statute such as the Whitewater Responsibility Act); In re Complaint of Royal Carribean Cruises Ltd., 459 F. Supp. 2d 1275, 1279-81 (S.D. Fla. 2006) (under Florida law, parent’s preinjury release of liability on behalf of minor child was unenforceable to exonerate the commercial lessor of personal watercraft from liability for injuries sustained by child in accident that occurred while the minor was a passenger on watercraft operated by the parent/lessee); Doyle v. Bowdoin Coll., 403 A.2d 1206, 1208 n.3 (Me. 1979) (stating in dicta that a parent cannot release a child’s cause of action); Smith v. YMCA of Benton Harbor/St. Joseph, 216 Mich. App. 552, 550 N.W.2d 262, 263 (1996) (“It is well settled in Michigan that, as a general rule, a parent has no authority, merely by virtue of being a parent, to waive, release, or compromise claims by or against the parent’s child.”); Hojnowski v. Vans Skate Park, 187 N.J. 323, 901 A.2d 381, 383 (2006) (finding in a case involving a child injured while skateboarding at a skate park facility, “a parent may not bind a minor child to a pre-injury release of a minor’s prospective tort claims resulting from the minor’s use of a commercial recreational facility”); Childress v. Madison County, 777 S.W.2d 1, 6-7 (Tenn. Ct. App.1989) (extending the law that a parent could not execute a preinjury release on behalf of a minor child to a mentally handicapped 20-year-old student who was injured while training for the Special Olympics at a YMCA swimming pool); Hawkins v. Peart, 37 P.3d 1062, 1066 (Utah 2001) (concluding in a case involving a child injured by falling off a horse provided by a commercial business that “a parent does not have the authority to release a child's claims before an injury”); Scott v. Pac. W. Mountain Resort, 119 Wash. 2d 484, 492-93, 834 P.2d 6 (1992) (holding that the enforcement of an exculpatory agreement signed by a parent on behalf of a minor child participating in a ski school is contrary to public policy).

Something to keep in mind the next time one of these waiver forms is put in front of you.

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