Attorney Review from the Seller's Perspective
Most sellers think of the attorney review period as something that happens to them — a window where the buyer's attorney sends requests that the seller must respond to. In reality, the review period is equally available to sellers and their attorneys to add protective language to the contract.
A seller's attorney uses the 5 business days to review the contract the buyer's agent drafted, identify provisions that are insufficiently protective of the seller, and propose modifications that better serve the seller's interests — all before the contract becomes fully binding.
The purchase contract in Illinois is typically presented on the Illinois REALTORS® standard form, often drafted with the buyer's interests in mind. Your real estate agent's job is to get an offer accepted; your attorney's job is to make sure the legal terms of that offer protect you. These are different jobs, and both matter.
What Your Attorney Reviews in the Buyer's Contract
When you hire a seller's attorney for attorney review, they examine the entire purchase contract, including:
| Contract Section | What the Seller's Attorney Looks For |
|---|---|
| Closing date | Is the date feasible? Is there adequate time for the buyer's financing to close? Does it align with your purchase timeline? |
| Earnest money amount and release conditions | Is the earnest money adequate (typically 1–2% of purchase price)? Under what conditions can the buyer demand it back? |
| Financing contingency | How long does the buyer have to secure financing? What happens if they fail to get a mortgage? |
| Inspection contingency | What defects can the buyer object to? Is there a dollar threshold? Can they terminate for any inspection finding or only material defects? |
| Personal property inclusions/exclusions | Are all items that should stay or go properly identified? Any ambiguous fixtures that need clarification? |
| As-is or repair obligations | Does the contract imply the seller will make repairs? Should an as-is addendum be added? |
| Possession date | Same as closing date? Does seller need post-closing possession? Is there a post-closing occupancy agreement? |
| Contingencies (sale of buyer's home, etc.) | Is there a home sale contingency? Does it have a kick-out clause protecting the seller? |
Common Seller Protections to Add
Click each protection to understand when it is needed and what risks it addresses:
When the Buyer's Attorney Sends Modification Requests
The buyer's attorney will almost certainly send modification requests during the review period. Here is how to think about them strategically:
Categorize Each Request
Your attorney will categorize buyer requests as: (1) acceptable — standard protections that do not materially harm you; (2) negotiable — worth a counter-proposal; and (3) unacceptable — beyond what you should agree to. Not every request requires a counter; many routine buyer requests can simply be accepted.
Respond to Each Request Individually
Modification responses go provision by provision. You can accept some, counter others, and reject others. A blanket rejection of all modifications can read as a disapproval of the contract — which may entitle the buyer to terminate and get their earnest money back. Be strategic and specific in your responses.
Know When to Stand Firm
Certain buyer requests go beyond reasonable legal protection and into renegotiating economic terms you already agreed to. Requests for price reductions disguised as "closing cost credits," demands to reduce the earnest money, or attempts to extend the inspection contingency unreasonably can be countered with your original terms.
If You Cannot Reach Agreement
If after back-and-forth the parties cannot agree on modifications, the contract may be effectively dead. Either attorney can send a formal disapproval. The earnest money returns to the buyer. While this is a poor outcome, it is better than signing a contract with terms that expose you to significant risk.
The Illinois Residential Real Property Disclosure Act
Disclosure is Mandatory — Attorney Review Does Not Override It
The Illinois Residential Real Property Disclosure Act (756 ILCS 77/1 et seq.) requires sellers to complete and deliver a written disclosure report to buyers before or at the time an offer is accepted. This is a separate legal obligation from the attorney review process. You cannot use attorney review modifications to eliminate your disclosure obligations.
The disclosure form requires you to disclose material defects you know about in:
Your attorney reviews your disclosure form as part of their representation of you. Sellers who fail to disclose known material defects face potential rescission of the sale or damages claims after closing. When in doubt, disclose — the disclosure form exists to protect both parties.
Repair Negotiation Strategy During Attorney Review
While the formal inspection period comes after attorney review closes, your attorney can help you set the stage for successful repair negotiations by:
- Adding an as-is addendum if you want to limit repair obligations — coupled with a full disclosure report, this is legally defensible
- Specifying a cap on repair credits in the contract (e.g., "seller will not be required to spend more than $X on inspection repairs")
- Clarifying that repair requests must be for structural, mechanical, electrical, or safety-related defects — not cosmetic items
- Confirming that the inspection contingency deadline is clearly defined to prevent open-ended inspection periods
- Negotiating the scope of what "material defect" means for purposes of the inspection contingency
The goal is not to eliminate the buyer's inspection rights — attempting to do so will drive the buyer away. The goal is to ensure that the inspection contingency is a defined, time-limited process with predictable outcomes, not an open-ended opportunity for price renegotiation.
Frequently Asked Questions
Selling Your Home? Protect Yourself During Attorney Review.
Illinois Estate Law provides flat-fee representation for home sellers throughout Chicago and Cook County. We review your contract during the attorney review period, add seller-protective language, and represent you through closing — so you sell on your terms.
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