Donald Jollay Mary Jollay, Brooke Jollay, premierclosings@ymail.com BREACH OF REAL ESTATE CONTRACT, EARNEST MONEY NOT RETURNED Morris, Illinois

I entered into a sale purchase real estate contract with Don Jollay of 1716 Jennifer Ct. Morris, IL for the purchase of his mother's former home located at 25928 S. Gregory Lane, Crete, IL.  Signed the contract and paid the earnest money to Mr. Jollay.  Terms of the contract included but not limited to subject to acceptable inspection, acceptable financing and the current tenants currently occupying the property be out on or before Friday 2/15/13. An 18 day notice for a week to week tenant  I inquired 4x about the status of tenants and when they would be out of the dwelling so I could close on this deal.  I waited until 2/19/13 and in talking with Don Jollay that morning, he informed me he was waiting until I close to have the tenants out and he would need 2-3 days or more to remove his personal property from the dwelling.  I informed Mr. Jollay that was unacceptable, told him I am not closing on the property with tenants in the home and no once I close, everything and anything left in the home is mine.  I asked if the tenants would be out that day 2/19/13 and he said he would go over to the property and get that started.  However that turned out to be another lie!

I talked with the tenants on Monday 2/18 and again on Thursday 2/21 and they stated they knew they were week to week and were going to be given 2 weeks notice to move.  

I informed Mr. Donald Jollay on Tuesday 2/19/13 in writing that I was cancelling the contract and requested my earnest money deposit be returned to me immediately since he did not meet the terms of the contract.

I decided to cancel the contract, due to the on going lie regarding the tenants, lies about the work that needed to be done, he mis-represented the work needed to be done on the house as only $5000, the living room carpet needed cleaned or replaced and paint needed throughout the house.  The contractor's estimate is over $19,200. Illegal electrical junction box, illegal bathroom in a bedroom closet, all the flooring needs replacing...

Mr. Donald Jollay has refused to return my deposit and refuses to communicate with me since Weds.
He is a liar, a con artist and no one should do any business with him. I am taking him to court to recover my money, my legal fees and damages.  Anyone buying this home or any other property from Mr. Jollay should have their head examined!  He lies, deceives and steals.