Section 5300.625  Elections in Real Estate Transaction Cases

When a Complaint is filed under Section 7B-102(F) of the Act, a Complainant, a Respondent, or an Aggrieved Party on whose behalf the Complaint was filed, may elect to have the claims asserted in that Complaint decided in a civil action in a circuit court of Illinois.  The election must be made not later than 20 days after the receipt by the electing Person of service of the Complaint by the Commission.  The Person making the election shall file it with the Commission and shall give notice of doing so to the Department and to all other Complainants, Respondents and Aggrieved Parties to whom the charge relates.  If an election is made, the Commission will act no further on the Complaint.  The file on the Complaint will be closed by administrative action. If an election is not made, the Commission will continue proceedings on the Complaint in accordance with the Act and this Part.

(Source:  Added at 20 Ill. Reg. 7820, effective June 1, 1996)