The Illinois Supreme Court will decide whether sellers can sue over condo disclosure fees
The Illinois Supreme Court will decide whether sellers can sue over condo disclosure fees
2026-09-10 · Illinois · Courts · Pending — not yet law
What happened. On September 24, 2025 the Illinois Supreme Court allowed the petition for leave to appeal in Greenswag v. Lieberman Management Services, Inc., docket No. 132101. As of publication the court has not issued a decision.1
This is the most consequential undecided question in Illinois association law, and it has had almost no coverage.
The question
Whether a condominium unit seller may plead a Consumer Fraud Act claim predicated on a violation of Section 22.1(c) of the Condominium Property Act — where Channon v. Westward Management, Inc., 2022 IL 128040, held that Section 22.1 gives no private right of action.
Put plainly: if the statute gives sellers no remedy for excessive disclosure fees, can they get one through the consumer-protection statute instead?
What the appellate court held
The First District, Third Division, affirmed dismissal with prejudice in an order filed June 25, 2025, 2025 IL App (1st) 240289-U. It is a Rule 23(b) order and is not precedential.
The court held first that no deception was pleaded — only that the fees were “unfair” — and then reached the root problem. A plaintiff using a statute as the predicate for a tort damages action must show the statute grants a private right of action expressly or impliedly, citing Midwest Medical Records Ass'n v. Brown, 2018 IL App (1st) 163230, ¶ 42. Section 22.1(c) grants sellers no express right of action, and Channon, ¶ 34, forecloses an implied one. So the Consumer Fraud Act cannot serve as a workaround.
A footnote records that Horist v. Sudler & Co., 941 F.3d 274 (7th Cir. 2019), Murphy v. Foster Premier and Ahrendt v. Condocerts.com all reached the same result.
Why the grant matters more than the holding
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Related Illinois HOA Topics
- Greenswag v. Lieberman Management Services, Inc., 2025 IL App (1st) 240289-U (Rule 23 order, June 25, 2025) ↩
- Illinois Supreme Court, petitions for leave to appeal dispositions (No. 132101 allowed September 24, 2025) ↩
- Illinois Condo & HOA Law Blog, analysis of Section 22.1 disclosure fees and the private right of action ↩
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