Condo buyer sues seller over closing delay, claims seller's lawyer was unprofessional

A lawsuit filed earlier this month claims a Chicago lawyer's alleged lack of professionalism and inaction delayed the closing of a Chicago condominium purchase, causing the buyer to spend thousands of dollars in additional rent, moving and renovation expenses.

Timothy Sheehy filed a lawsuit Dec. 14 in Cook County Circuit Court against Wayne Vogelsburg, alleging breach of contract.

According to the complaint, Vogelsburg, a Texas resident, put his late father's condo in the 5000 Block of North Sheridan Road on the market in April 2013 with a selling price of $122,0000.

Sheehy, a Cook County resident, submitted an offer and on July 27, 2013, the parties executed a contract for the purchase of the condo with the closing scheduled for on or before Aug. 23, 2013.

Sheehy was represented in the closing by Avni Shah of Bell Law and Vogelsburg was represented by Michael H. Rotman of Rotman & Elovitz Ltd., according to the suit that only names the condo's seller as a defendant.

He claims he was forced to extend the closing date to accommodate "Rotman's continued nonresponse" to various requests for contract modifications. Sheehy's counsel, Shah, then told Rotman his "lack of professionalism and use of profanity had necessitated the need to communicate strictly in writing," the suit alleges.

In the complaint, Sheehy cites an email in which Rotman apparently responded to a notification from Shah about the closing date, "You have a better chance of seeing God. Do you want to close this deal? Or not? Please advise."

The closing date was extended from Aug. 23 to Aug. 26, the complaint notes, and the parties eventually closed on Sept. 6. But, due to the delay, Sheehy claims he was forced to secure new arrangements for housing, renovations and assistance with moving and storage.

He also apparently had to pay his former landlord an additional month’s rent at $900, a parking fee and a lease extension fee. In addition, Sheehy asserts he had to pay $31,430 to a contractor for a rush job on the property.

He further claims the delay forced him to lose a deposit with a moving company and pay for storage of furniture and household goods during the renovation.

According to the suit, the delays and corresponding costs totaled $35,404.22. Sheehy is seeking that amount, as well as interest, costs and attorney's fees.

He is represented by attorney Mason S. Cole of Cole Sadkin in Chicago.

This is a report on a civil lawsuit filed in Cook County Circuit Court. The details in this report come from an original complaint filed by a plaintiff. Please note, a complaint represents an accusation by a private individual, not the government. It is not an indication of guilt and represents only one side of the story.