UNITED STATES DISTRICT COURT 

 FOR THE NORTHERN DISTRICT OF ILLINOIS —EASTERN DIVISION

IVO GEIJSEN, )

 Plaintiff, )

 V. )

DANTE ODONI, RANIM BARGHOUTY ) No. 20 –cv-02837

and COLD WELL BANKER RESIDENTIAL )

REAL ESTATE LLC, a California limited )

liability company, )

 Defendants. )

DEFENDANTS DANTE ODONI and RANIM BARGHOUTY

 RESPONSE TO UNDISPUTED FACTS AND 

 STATEMENT OF ADDITIONAL FACTS 

Defendants DANTE ODONI and RANIM BARGHOUTY through their attorney Jeffrey K. 

Gutman and submits the following response to the Plaintiff’s Undisputed Facts and submits 

additional facts as follows:

Response to Plaintiff’s Undisputed Facts 

 1. Seller owns condominium Unit # 68E in Trump Tower, 401 N. Wabash, 

Chicago, IL 60611. (Answer, ¶5; Geijsen Decl. ¶ 3) 

Answer: The Defendants admit this statement.

 2. On July 9, 2019, Seller and Buyers entered into a Condominium Real Estate Sale 

and Purchase Contract (the "Contract") related to a sale of condominium Unit #68E. A true and 

accurate copy of the Contract is attached to the Complaint as Exhibit A. (Answer, ¶05) The 

Contract was modified by letters dated July 17 and 22, 2019 (the "Modification"). True and 

accurate copies of the Modification are attached to the Complaint as Exhibit B and the Answer 

as Exhibit A. (Answer, ¶6) 

Answer: The Defendants admit this statement.

 3. Pursuant to the Contract, Buyers deposited with Escrowee $135,000 in initial 

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earnest money (the "Initial Earnest Money"). (Answer, ¶7) 

Answer: The Defendants admit this statement.

 4. Pursuant to the Contract, Initial Earnest Money was to be increased by Buyers to 

9% of the Purchase Price (the "Final Earnest Money") on or before March 20, 2020. The amount 

of the Final Earnest Money was $243,000, based on the $2.7 million Purchase Price under the 

Contract. (Answer, ¶ 8) 

Answer: The Defendants admit that pursuant to the terms of the contract, the earnest 

money was to be increased to $243,000 (an additional $135,000) by March 31, 2020. (It is 

believed that the date of March 20, 2020 indicated by the plaintiff was a typographical error) See 

contract attached to the complaint as Exhibit A page 1 paragraph 4.

 5. On March 30, 2020, Buyers notified Seller that due to the COVID19 

pandemic, Buyers were relieved from their obligation to perform under the Contract and were 

not obligated to pay the Final Earnest Money ("Buyers' Notice"). Buyers' Notice further 

stated they were entitled to a return of the Initial Earnest Money. A true and accurate copy of 

Buyers' Notice is attached to the Complaint as Exhibit C. (Answer ¶ 9)

Answer: The Defendants admit this statement.

 6. Pursuant to Paragraph 3 of the Modification, "in the event of Buyers' default prior 

to the deposit of the full 9% earnest money, Buyers' obligation to deposit the full 9% earnest 

money will remain intact." (Answer, ¶10) 

Answer: The Defendants admit this statement exists in the contract, but states that the 

contract must be read as a whole. The relevant part of the paragraph reads

“...in the event of Buyers’ default prior to the deposit of the full 9% earnest money, the 

Buyers obligation to deposit the full 9% earnest money will remain intact; otherwise, 

Seller shall retain all rights at law or in equity and in the event of litigation, the 

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non-prevailing party shall be responsible for payment in full of any and all costs for the 

prevailing party....

(See Paragraph 3 of the Modification letter attached to the complaint as Exhibit B)

 7. Pursuant to General Provision P of the Contract, "[t]ime is of the essence for 

purposes of this Contract." (Answer ¶ 10 ) 

Answer: The Defendants admit this statement exists in the contract, but states that the 

contract must be read as a whole (See Answer ¶ 11)

 8. Pursuant to General Provision E. of the Contract, "In the event of a default by 

Buyer, the Earnest Money, less expenses and commissions of the listing broker, shall be paid to 

Seller." (Answer, ¶12) 

Answer: The Defendants admit this statement exists in the contract, but states that the 

contract must be read as a whole. The relevant part of the paragraph is as follows:

In the event of default by Buyer, the Earnest Money, less expenses and commission of the 

listing broker, shall be paid to the Seller... In the In the event of any default, Escrowee 

should give Witten notice to the seller and buyer indicating Escrowee’s intended 

disposition of the Earnest Money. .. .If either Seller or Buyer objects to the intended 

disposition within the 30 day period, or if Escrowee is a licensed real estate broker and 

does not receive the joint direction of Seller and Buyer authorizing the distribution of the 

Earnest Money, then the Escrowee may deposit the Earnest Money with the Clerk of the 

Circuit Court by filing an Action in the nature of Interpleader

(See Contract attached to the complaint as Exhibit A.)

 9. Pursuant to Paragraph 3 of the Modification, "in the event of litigation, the nonprevailing party shall be responsible for payment in full of any and all costs of the prevailing 

party including, but not limited to, reasonable attorney's fees and court costs." (Answer, ¶.14) 

Answer: The Defendants admit this statement exists in the contract, but states that the 

contract must be read as a whole (See Answer ¶ 14)

 10. Seller has done all that he was required to do under the Contract. (Geijsen 

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Dec1.4) 

Answer: The Defendants deny this statement (See Answer ¶ 16). The Seller has not 

performed all terms of the contract. The contract General Provision paragraph C provides that 

“At least 5 days prior to the closing date, Seller shall deliver to Buyer or his agent evidence of 

merchantable title To this date, Seller has not provided the defendants with a title commitment or 

any evidence of merchantable title. (See Decl or Dante Odoni)

 11. Seller was aware that Buyers intended to obtain a mortgage to purchase the 

subject property. (1st Aff Defense ¶ 9).

Answer: The Defendants admit this statement.

 12. On March 11, 2020, the World Health Organization characterized the 

COVID-19 outbreak as a pandemic that is expected to spread. (1st Aff Defense ¶ 11).

Answer: The Defendants admit this statement.

 13. The elderly and others with parts of the populations are at higher risk of 

experiencing more severe illness as a result of COVID-19, including older adults and people who 

have serious chronic medical conditions such as heart disease, diabetes, or lung disease. . (1st Aff 

Defense ¶ 12).

Answer: The Defendants admit this statement.

 14. On March 9, 2020, the Governor of Illinois, declared all counties in the State of 

Illinois as a disaster area. (the First Gubernatorial Disaster Proclamation) in response to the 

outbreak of COVID-19; (1" Aff. Defense ¶ 13) 

Answer: The Defendants admit this statement.

 15. On March 20, 2020, the Governor of Illinois issued Executive Order 2020-10 

that among other things ordered all individuals currently living within the State of Illinois to 

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stay at home or at their place of residence except as allowed by the Executive Order. (1

st Aff. 

Defense ¶ 14) 

Answer: The Defendants admit this statement.

 16. The City of Chicago also entered stay at home orders. (1st Aff. Def, ¶15) 

Answer: The Defendants admit this statement.

 17. The orders entered by the State of Illinois, City of Chicago and Cook County 

effectively closed many businesses. (1" Aff Defense ¶ 16) 

Answer: The Defendants admit this statement.

 18. To this date, there are still orders in effect that limit people's ability to work, 

travel, and otherwise do business. (1' Aff Defense ¶ 17)

Answer: The Defendants admit this statement.

 19. Buyers requested that the closing date be extended so performance could be made 

when the effects of the pandemic may subside. (1st Aff. Defense ¶ 18) 

Answer: The Defendants admit this statement.

 20. The Covid-19 pandemic was an unforeseeable event that was not contemplated by 

Seller or Buyers when entering into an agreement to purchase a condominium in a high rise 

building. (1st Aff Defense ¶ 19)

Answer: The Defendants admit this statement.

Defendant’s Additional Uncontested Facts

1. In July 2019, in response to an advertisement offering to lease a unit in Trump

Tower for $12,000 per month, the Defendant’s went to see the unit owned by the plaintiff with 

the intention to rent the property (Decl od Dante Odoni ¶1)

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2. Banker Real Estate was the listing broker employed by the Seller to sell 

the subject property. (Decl of Dante Odoni ¶ 2)

3. Caldwell Banker Real Estate through its agent Chezi Rafaeli acted as a duel agent

for the seller and the buyer in the transaction. (Decl of Dante Odoni ¶3)

4. The Defendant informed the plaintiff through its real estate agent Chezi Rafaeli 

that the plaintiff intended to obtain a loan for the purchase of the subject property. (Decl or Dante 

Odoni ¶ 7)

5. The plaintiff’s real estate agent Chezi Rafaeli provided the defendant with 

suggested lenders why the defendant should apply for a mortgage. (Decl of Dante Odoni ¶ 5)

6. The plaintiff’s real estate agent Chezi Rafaeli hired and agreed to pay attorney 

Dean Lurie to act as attorney in connection with the contract. (Decl of Dante Odoni ¶6)

7. The plaintiff was aware that the defendant intended to obtain a mortgage to 

purchase the subject property. (Decl or Dante Odoni ¶7)

8. The parties agreed that the defendant may obtain a mortgage, and the contract 

General Provisions C provides in part “that a delay by the Buyer’s mortgagee in recording 

mortgage and bringing down title shall not be a default of this Contract”. (Contract attached to 

the complaint as Exhibit A)

9. The contract including General Provision paragraph C which provides that “At 

least 5 days prior to the closing date, Seller shall deliver to Buyer or his agent evidence of 

merchantable title. (See contract attached to complaint as Exhibit A)

10. The Seller to this date has not provided the defendants with a title commitment or 

any evidence of merchantable title. (See Decl of Dante Odoni.¶15)

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11. At the time of entering into the contract for purchase, the Defendants also entered 

into a lease and have paid all rent to the plaintiff for the use of the subject property. (See Decl

of Dante Odoni.¶ 8)

12. The earnest money of $135,000 has been paid to date by the Buyers to the listing 

broker as Escrowee Caldwell Banker Real Estate (See Decl or Dante Odoni ¶ 9)

13. Dante Odoni is a certified public accountant doing business as a CPA in Cook 

County Illinois. (See Decl or Dante Odoni ¶ 10)

14. The Covid 19 pandemic was an unforeseeable event which caused the business of 

Dante Odoni to suffer great losses and made it impossible to obtain a mortgage. (See Decl or 

Dante Odoni ¶ 11)

15. On or about March 15, 2020, the Covid 19 pandemic caused the Trump Tower 

to cease providing many of the property amenities including maintenance services, use of the 

pool, spa, room service, package hold and delivery, grocery door services, restaurant and room 

service restricted the visits by guests in the building. (See Decl or Dante Odoni ¶ 12).

16. The contract General Provision paragraph O provides in part that “Seller agrees 

to provide possession of the Property in the same condition as it is on the acceptance date. (See 

contract attached to complaint as Exhibit A)

17. The acceptance date of the contract was July 9, 2019. (See contract attached to

complaint as Exhibit A)

18. From on or about March 15, 2020 through the present, the Trump building and the 

the subject unit being purchased are not in the same condition as at the tie of entering into the 

contract on July 9, 2019. (See Decl or Dante Odoni ¶ 13).

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19. It is unknown when the effects of the Covid 19 pandemic will subside and it is 

unknown when the building maintenance and other amenities will be able to be used as 

originally contemplated at the time that the parties entered into the contract. (See Decl or Dante 

Odoni ¶ 14).

Respectfully submitted,

DANTE ODONI and 

RANIM BARGHOUTY

By: /s/ Jeffrey L. Gutman

Attorney for Defendants

Jeffrey K. Gutman- ARDC No. 6190303

Gutman & Associates LLC

4018 N. Lincoln Avenue

Chicago, Illinois 60618

773/472-4500

jgutman@GutmanAttorneys.com

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