FOIA section 7(1)(r)
FOIAReal estate purchase negotiation records, until completed
5 ILCS 140/7(1)(r). Real estate purchase negotiation records, until completed
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5 issues across 3 determination letters:3 violation found · 2 no violation.
Counts are per issue, not per letter, and come from automated extraction checked against sampled letters. Determination letters are not binding precedent.
Authorities the Bureau cites most on this issue
How to challenge a denial on this issue
AI-generated summary of the decisions listed on this page, with each point linked to the letters it comes from. Determination letters are not binding precedent and this is not legal advice. Open the letter and check the PDF before relying on any point.
When a challenge is strong
- The records are extraneous or tangential to real estate negotiations and sales. Section 7(1)(r) only exempts records relating to the sale; information that is not about the sale itself must be disclosed.Based on: n.d. · Emails about a city-owned parking… · n.d. · Emails about a city-owned parking…
- The public body previously disclosed the same records in a public setting without confidentiality. Voluntary public disclosure waives the exemption.Based on: n.d. · Audit reports on a board's real e…
When the public body usually wins
- The records directly relate to a real estate sale that has not yet been consummated. Records relating to the sale are exempt until consummation, including communications soliciting and reviewing offers.Based on: n.d. · A private hospitality company's f… · n.d. · Emails about a city-owned parking…
- The records involve the sale price or financial incentives. The exemption applies regardless of whether the sale price is offset by financial incentives.Based on: n.d. · A private hospitality company's f…
Points to put in your letter
- If the sale has been consummated, state that the exemption under section 7(1)(r) no longer applies and request the records again.Based on: n.d. · A private hospitality company's f… · n.d. · Emails about a city-owned parking…
- If the records are not about the sale itself but are extraneous or tangential, argue that they are not exempt and must be disclosed.Based on: n.d. · Emails about a city-owned parking… · n.d. · Emails about a city-owned parking…
- If the public body already disclosed the same records publicly without confidentiality, argue that the exemption has been waived.Based on: n.d. · Audit reports on a board's real e…
Common mistakes
- Assuming that records are exempt even after the sale is consummated.Based on: n.d. · A private hospitality company's f… · n.d. · Emails about a city-owned parking…
- Arguing that the sale price being offset by financial incentives makes the records non-exempt.Based on: n.d. · A private hospitality company's f…
- Failing to check whether the public body already disclosed the records publicly, which would waive the exemption.Based on: n.d. · Audit reports on a board's real e…
- Assuming that any record mentioning the property is exempt, even if it is extraneous to the sale.Based on: n.d. · Emails about a city-owned parking… · n.d. · Emails about a city-owned parking…
Facts to gather first
- Whether the real estate sale has been consummated, and if so, the date.
- The specific content of the records to determine if they are directly about the sale or extraneous.
- Evidence of any prior public disclosure of the same records by the public body.
These notes are based on non-binding determination letters; outcomes depend on specific facts and the applicable law; always verify the full PDF decisions for context.
Drafting brief for an AI assistant
Copy this into your assistant to help draft a request, appeal, or challenge to a denial that turns on this issue. It carries the rules and decisions, not your facts: add those yourself. Machine-readable version: foia-7-1-r.json.
Violation found (3)
Section 7(1)(r) redaction of Six Corners Chamber e-mail
Rule: Information extraneous to real estate negotiations and sales is not exempt under section 7(1)(r) and must be disclosed.
Violation found Emails about a city-owned parking lot sale · September 27, 2022
Section 7(1)(r) redaction of utilization rate tables
Rule: Utilization rate tables are tangential to real estate negotiations and sales and are not exempt under section 7(1)(r).
Violation found Emails about a city-owned parking lot sale · September 27, 2022
Fourth request redactions under section 7(1)(r)
Rule: A public body waives an exemption by voluntarily disclosing the same records in a public setting without confidentiality.
Violation found Audit reports on a board's real estate and investment activities · February 1, 2017
No violation (2)
Section 7(1)(r) exemption for real estate sale records
Rule: Records relating to a real estate sale are exempt until the sale is consummated, regardless of whether the sale price is offset by financial incentives.
No violation A private hospitality company's financial pro forma · April 9, 2024
Section 7(1)(r) redactions of real estate sale communications
Rule: Communications involved in soliciting and reviewing offers for the sale of public real estate are exempt from disclosure until the sale is consummated.
No violation Emails about a city-owned parking lot sale · September 27, 2022