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reach us at:
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CHAPTER 815
BUSINESS TRANSACTIONS
Residential Improvement Loan Act.
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(815 ILCS 135/0.01) (from Ch. 17,
par. 5800)
Sec. 0.01. Short title. This Act
may be cited as the Residential Improvement Loan Act.
(Source: P.A. 86-1324.)
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(815 ILCS 135/1) (from Ch. 17,
par. 5801)
Sec. 1. No person or corporation
shall disburse funds to or for the account of, or as directed
by a contractor pursuant to a loan transaction for improvement
or repair of (including remodeling of and additions to) a residential
structure without requiring and receiving prior to each such
disbursement a completion certificate as prescribed by this
Act.
(Source: Laws 1963, p. 3543.)
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(815 ILCS 135/2) (from Ch. 17,
par. 5802)
Sec. 2. No person or corporation
shall disburse funds to or for the account of, or as directed
by, a contractor pursuant to an issuance or transfer thereto
of a negotiable instrument evidencing a loan for improvement
or repair of (including remodeling of and additions to) a residential
structure without requiring and receiving prior to each such
disbursement a completion certificate as prescribed by this
Act. Acceptance by such person or corporation of a completion
certificate in the prescribed form, without actual knowledge
of any falsity of such certificate, entitles such person or
corporation to all rights of a holder in due course of such
negotiable instrument notwithstanding any actual falsity of
such certificate.
(Source: Laws 1963, p. 3543.)
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(815 ILCS 135/3) (from Ch. 17,
par. 5803)
Sec. 3. Such completion certificate
shall be signed by the obligor of the loan and by the contractor
performing the aforesaid work, shall be dated, and shall be in
substantially the following form:
COMPLETION
CERTIFICATE
We, the undersigned,
being respectively the obligor and contractor, do hereby
certify that the contractor has performed labor or delivered
materials or both to (address of property) ...., in connection
with a contract to improve, create an addition to, repair
or remodel such property, and that as of this date the
value of the labor performed and materials delivered is
$....
We do further certify that in connection
with such contract there remains labor to be performed, and materials
to be delivered, of the value of $....
This Certificate is signed on (insert
date).
.... (Obligor)
.... (Contractor)
(Source: P.A. 91-357, eff.
7-29-99.)
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(815 ILCS 135/3.1) (from Ch. 17,
par. 5804)
Sec. 3.1. When the obligor of the
loan is induced by the contractor to sign a completion certificate
before the contractor has performed the labor or delivered the
materials as stated by such certificate, regardless of whether
the obligor understood the significance of his signature upon
such a certificate, the contractor shall perform the labor and
deliver the materials as stated within a reasonable time from
the date the obligor signed such document.
(Source: Laws 1965, p. 1235.)
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(815 ILCS 135/4) (from Ch. 17,
par. 5805)
Sec. 4. No funds shall be disbursed
for the purposes described in this Act, which are in excess
of the value of labor performed and materials delivered as
certified in a duly executed and delivered completion certificate.
(Source: Laws 1963, p. 3543.)
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(815 ILCS 135/5) (from Ch. 17,
par. 5806)
Sec. 5. This Act does not apply
to any loan made in accordance with the provisions of Subchapter
1 of Chapter 13 of Title 12 of the United States Code, which
is designated as "Housing Renovation and Modernization".
(Source: Laws 1963, p. 3543.)
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(815 ILCS 135/6) (from Ch. 17,
par. 5807)
Sec. 6. A person or corporation
convicted of any violation of this Act, including the execution,
delivery or acceptance of a completion certificate with actual
knowledge of a falsity contained therein, shall be guilty of
a business offense and shall be fined not to exceed $1,000.
Any person violating Section 3.1 of this Act is guilty of a
Class A misdemeanor.
(Source: P.A. 77-2544.)
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