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Seller sues over point-of-sale law

Law of the Land
Published on Jun 17, 2009

In the case Walker v. Calumet City, the homeowner (Ayanna Walker) wanted to sell her home and discovered that she would first have to comply with the city's point-of-sale (POS) ordinance, which required various inspections; fees; correcting property conditions that didn't comply with the building or zoning codes; and obtaining transfer stamps. (The local association of Realtors had already challenged the ordinance in court, but the case was dismissed because the Realtors lacked standing. The homeowner was then brought in to the case.) The homeowner's claim against the city alleged that the POS ordinance improperly restrained her from being able to sell her home and deprived her of due process. While the case was pending, the city inspected the homeowner's property; she completed the required repairs; and the city granted her the right to sell the home with no further POS ordinance requirements. The trial court then dismissed the case against the city as moot. The trial ...

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