the real estate agent exactly all right and so during the beginning that during the process of the modification there was there was no other attorney about this yourself right right but yet you say that you truly modification contract right and then there is nothing on the twenty eight that was a lot of e mails going back and forth in terms of modification right right in but at the time when those modifications with taking place the other side wasn't represented by counsel right generally business terms and typically my understanding of a real estate transaction is the contract is executed and at that point and the parties have a five day period of mourning modification period at which point then they traditionally thought it was going to be terminated they sad i fully expected them to terminate the contract so the techs if i can continue with a text message exchange i think i hear there why didn't you were told that the she's  well it was already listed it wasn't it now of course of the place right but why did you continue to listed for others to purchase if you thought it had been executed and then you thoughtfully wrote a letter saying you breached fourteen days later was even a tactic in place no i was sure there was a contract in place but i thought it was going to be terminated so if there was a conflict in place does the law permit you to continue to list the property  the period of time to decide and typically a waste of a last minute then the attorney right before the expiration of the attorney approval period sends a letter saying i want to change x y and z of the contract or i want to reject it the inspection provision if they hired or hired an inspector found things were wrong with the apartment and then sent a letter saying we're we want out or three attorney modification provision should we one of their arguments is that she shouldn't be able to terminate herself without the benefit of i don't just leverage i don't disagree with that because the whole point of attorney modification the whole point of the attorney modification provisions of the olympic olympic restaurant or persons bank of wheaton said the whole point of attorney modification provisions are to encourage parties yet legal counsel and as a public policy matter we want to encourage people to get legal counsel and allowing basically a five day period for the buyer to say i changed my mind which is exactly what happened here is not really the intent of the attorney modification provision it's to get legal counsel well is it also to help someone be able to if the attorney says she's out seventy two hours to change their mind for any researcher and they knew that with mortgage right right and i mean i i understand the rationale for that but fat is not the case here and real estate transactions you know it's a tricky negotiated big parties get coffee all the time  personal delivery fax commercial delivery but there's no reference to tax your honor i am not i don't believe this is a case of defective notice i am i acknowledge the text message demand they had immediately why did you wait for two weeks for all this because i thought the contract was going to be terminated very simply i never said how is there ever a family executed creative you thought it was going to be fact that there was no attorney engaged by my client does not mean that she shouldn't necessarily be afforded the same opportunity to review in considering the facts after signing but in this case the mr cochran is claiming that on issues so let's assume for purposes of argument today that the law does not allow what you're suggesting and there's case law that says that for this attorney my patient provision the attorney has the right to either modify or to cancel the trip now that didn't occur there was no authority here creditor what if your client the right to terminate one day later two days later all within the period be very much all right are the conduct of the parties in this case indicates that the lack of an attorney who was not material to them granted might not exist up what about  indicated previously that you expected a one page letter from an attorney he said he was waiting for paperwork that he thought would affectionally the terminations but it's not clear that that's what was going to be our archibold really looking for equitable and then a day later someone says i want out yes your honor but the law also does not favor forfeiture is for a non material breach which is akin to what we have here the fact that mr mclean had the right under illinois law to terminate during it and his attorney review hearing had she hired an attorney early that would have been the case the fact that she didn't have an attorney convey that message would not be a material breach of the contract and we're not saying that breaches a issue at th moment but that's essentially the situation we have where the search company is seeking to have my client forfeit one hundred and eighty two thousand five hundred dollars well for an attorney not conveying the message i mean you know when we're done with this i mean the parties have never even attempted to solve this one together have the design means in terms of settlement yes they're worried why did you put in five thousand dollars or why did standard was to put in that if one party breaches at some point or wants to get out then they have to pay the other some money it is part of the form contractor and however it's very routine and it it so that provision about the temper sent was in there for this kind of situation wasn't the liquidated damages provision yes i imagine that is why a part of the farm contractor however look at it damages provision which we have other issues again that she had the legal right to to take a certain action that's the question that we would be presenting to the court it's more that he's admitted to the facts that underlie our claim as to why you should be stopped or why you should be held oh we struck compliance with the attorney his inaction in this critical period indicated that he thought the contract happened terminated and there were the fact that he was also let down by the then that will get the papers to you and maybe maybe in the intervening time it was realized that you know there was a pattern and so you just can't say two days later i don't like this here's why aren't those questions a bit why should we affirm something that is again whether this was even sufficient notice when the country doesn't allow your honor and when i law doesn't strictly construe notice provisions sure but are we supposed to say as a matter of law that where a contract provides for a certain form of notice that when a different form of notice is given that we should say as a matter of law you win on the notice question i think it is clear that as a matter of law that notice was sufficient well but what he used to use it says you can seizing his all indicate that notice could comment a form that is other than what is contemplated by the contract all right all right we'll be here and further if we go to another echo one matters like the question of waiver yes if there is an intentional relinquishment of a known right which can be shown by conduct inconsistent with any intention other than to eat it and mr kaufman's conduct here indicated that he was not requiring strict compliance with the permission provision and the attorney review costs he did not deal with the property he did not insist on this mclean's compliance with the contract in the church and the form of providing earnest money he did not raise any objection to the form of germination intil after her opportunity and nineteen motion under similar facts or somebody's silence and holding someone to strict compliance with i think in that case insurance clause was held to relinquish their right to insist yesterday your view is well i believe that there are many factual issues at play with respect to whether there was a valid contract at the time that's not something that we're pursuing right now over because you're great there were modifications to the agreement before the contract was was signed and as we pointed out there were some additional terms start right here and after the contract attach city complaint but his would we be giving some sort of equitable relief to your client if we said that the attorney provision should or should apply to individuals as well as a term i believe limited to the fact do believe it's proper for a legal question to be presented to this court but i i think you're missing the point here i said isn't that really sort of some kind of equity you're looking for there is no place that says that you can that should have precluded the judge from determining as a matter of law that this country is terminated by a text message that's really the issue is there i mean that's what what we have to cite are there any question if you're black you're saying you should