UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF ILLINOIS – EASTERN DIVISION 

IVO GEIJSEN, 

Plaintiff, 

v. 

DANTE ODONI, RANIM BARGHOUTY 

and COLDWELL BANKER RESIDENTIAL 

REAL ESTATE LLC, a California limited 

liability company, 

Defendants.

 No. 20-cv-02837 

PLAINTIFF’S ANSWERS TO DEFENDANTS’ STATEMENT OF UNDISPUTED FACTS 

NOW COMES Plaintiff Ivo Geijsen, by and through his attorney, Scott M. Levin, and for his 

answers to Defendants’ Statement of Undisputed Facts, states as follows: 

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) 

ANSWER: Admitted that Defendants went to see the unit owned by Plaintiff in July 

2019. Plaintiff has no knowledge regarding the remaining facts and cannot say if they are 

undisputed. In any event, these facts are not relevant to the motion for summary judgment. 

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

property. (Decl of Dante Odoni ¶ 2) 

ANSWER: Admitted that Coldwell Banker Real Estate was the listing broker. 

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) 

ANSWER: Admitted. 

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) 

Case: 1:20-cv-02837 Document #: 24 Filed: 08/17/20 Page 1 of 7 PageID #:127
ANSWER: Denied. Plaintiff affirmatively states that under the Real Estate License Act 

of 2000, “[i]n the case of dual agency, each client and the licensee possess only actual 

knowledge and information. There shall be no imputation of knowledge or information 

among or between clients, brokers, or their affiliated licensees.” 225 ILCS 454/15-45. 

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) 

ANSWER: Plaintiff has no knowledge regarding this fact. 

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) 

ANSWER: Plaintiff has no knowledge regarding this fact. 

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

subject property. (Decl or Dante Odoni ¶7) 

ANSWER: Denied1. Attached is a letter dated July 15, 2019, from Dean J. Lurie 

(Defendants’ attorney) to Judy DeAngelis (Plaintiff’s attorney) stating in Paragraph 1 

“Since this will be a true cash deal, ...” Defendants’ intention to obtain a mortgage, even 

if true and known to Plaintiff, is irrelevant to the motion for summary judgment. 

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) 

ANSWER: Denied that the parties agreed the defendant may obtain a mortgage; there 

was no agreement on the point. Moreover, the parties specifically agreed that Defendants’ 

purchase would be a cash deal. Admitted that the form language of General Provision C 

of the Contract contains the statement “that a delay by the Buyer’s mortgagee in recording 

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

1

 Plaintiff erroneously stated in his Statement of Undisputed Fact (No. 11) that he knew Defendants intended to apply 

for a mortgage, but has now realized this misstatement. 

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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) 

ANSWER: Admitted. 

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) 

ANSWER: Admitted, but pursuant to the Contract, the closing date is September 15, 

2020 (Contract, ¶3), and on March 30, 2020, Defendants notified Plaintiff they would not 

perform under the Contract (Answer, ¶9), so Plaintiff had no obligation to provide a title 

commitment. 

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) 

ANSWER: Admitted, but irrelevant. 

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) 

ANSWER: Admitted. 

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

Illinois. (See Decl or Dante Odoni ¶ 10) 

ANSWER: Admitted, but irrelevant. 

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) 

ANSWER: Admit that Covid 19 pandemic was an unforeseeable event, but Plaintiff has 

no knowledge regarding the remaining facts. Plaintiff offered twice to refer Defendants to 

a mortgage broker, but Defendants declined. 

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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). 

ANSWER: Admitted, except Plaintiff (a) denies that Trump Tower failed to provide 

maintenance services and (b) states that most of the amenities have now been restored. 

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) 

ANSWER: Admitted. 

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

as Exhibit A) 

ANSWER: Admitted. 

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). 

ANSWER: Denied. 

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). 

ANSWER: Admitted that it is unknown when the effects of the Covid 19 pandemic will 

subside and it is unknown when the building amenities will be able to be used as at the 

time that the parties entered into the contract. Denied that anything regarding use of the 

amenities was “originally contemplated at the time the parties entered into the contract,” 

and that building maintenance ever stopped. 

IVO GEIJSEN 

/s/ Scott M. Levin 

One of his attorneys 

Case: 1:20-cv-02837 Document #: 24 Filed: 08/17/20 Page 4 of 7 PageID #:130
Scott M. Levin - ARDC #6185743 

Howard & Howard Attorneys PLLC 

200 S. Michigan Avenue, Suite 1100 

Chicago, IL 60604-2461 

(312) 456-3418 

slevin@howardandhoward.com 

Case: 1:20-cv-02837 Document #: 24 Filed: 08/17/20 Page 5 of 7 PageID #:131
1 EAST WACKER DRIVE, SUITE 2610

CHICAGO, ILLINOIS 60601

PHONE: 312-782-3636 FAX: 312-893-2092

www.spklaw.com

WRITER’S E-MAIL ADDRESS:

dlurie@spklaw.com

STONE

 POGRUND

 & KOREY LLC

Attorneys at Law Established 1957

BERTRAM A. STONE (1915 -1994)

SHERWIN I. POGRUND

MARTIN S. KOREY

JAMES P. ZIEGLER

DAVID B. POGRUND

CHRISTOPHER T. NOWOTARSKI

LAWRENCE J. STARK*

RONALD H. BALSON

DEAN J. LURIE

STUART M. SHELDON, P.C.

PATRICK T. JOY

LAURA A. ELKAYAM

* Also admitted in Florida

July 15, 2019

VIA EMAIL ONLY JUDY@DEANGELISLAW.NET

Judy DeAngelis

Re: Geijsen (“Seller”) Odoni and Barghouty (“Buyer”) 401 N. Wabash Ave., Unit

68E, Chicago, IL (the “Property”) (collectively the “Contract”)

Dear Judy:

Please be advised that I represent Purchaser with regard to the above Contract. Pursuant to the

attorney review clause of the Contract, the following constitute my comments:

1. Since this is a true cash deal, the parties to equally split the escrow closing fee. 

2. This Contract may be assigned by Buyer prior to the Closing Date. 

3. Paragraph 9 - Taxes to be prorated at 110% of the 2018 full year bill. 

4. Seller represents and warrants that no special assessment has been proposed or

contemplated by the Condominium Association. 

5. Seller to pay for any special assessment approved, levied, or confirmed prior to

closing by the Condominium Association. 

6. In the event of a default by Buyer, Seller’s sole remedy shall be retention of the

earnest money as liquidated damages. 

7. Attorney review shall remain open until the parties reach an agreement on all

contractual and inspection issues, or either side terminates. 

Case: 1:20-cv-02837 Document #: 24 Filed: 08/17/20 Page 6 of 7 PageID #:132
Judy DeAngelis

July 15, 2019

Page 2

Inspection Requests

8. The inspection report is attached. Seller to repair all items noted in the report

prior to closing utilizing licensed professionals with receipts provided. 

If you agree with the above suggested modifications to the Contract, please sign below and fax

back to me whereby this Letter will become an amendment to the Contract. If you disagree with

any of the above suggested modifications, Buyer reserves the right to declare the Contract null

and void. I am looking forward to hearing from you regarding the foregoing. 

Very Respectfully,

STONE, POGRUND & KOREY

Dean J. Lurie

AGREED:

_________________________________

Judy DeAngelis, Attorney for Seller

cc: Dante Odoni via email

Chezi and Susan Rafaeli via email

Case: 1:20-cv-02837 Document #: 24 Filed: 08/17/20 Page 7 of 7 PageID #:133