Real Estate Litigation

Litigation relating to re-estate issues arises from the management, lease, sale or enjoyment and use of land or buildings. There are two principal types of real-estate – commercial and residential. There are differences in the law dealing with each of these types of real-estate with more regulation and protection provided to purchases and renters of residential property akin to other consumer protection laws. There is a great range of differing real-estate disputes that result in litigation. Our Chicago real-estate litigation attorneys have considerable experience representing parties in all facets of residential and commercial real-estate litigation. We have represented developers in multi-million-dollar control disputes over vast real-estate holdings spanning many states and home owners in disputes with builders or sellers. You can view our record in Chicago business and real-estate litigation here.

Different Types of Transactions Involving Real-Estate

Commercial real-estate includes shopping centers, condominium developments, factories, strip-malls and warehouses and office buildings. Residential real-estate covers apartment buildings, single family homes, town houses and other properties designated for dwelling.

Disputes involving real-estate often arise between buyers and sellers or brokers or persons providing management, development or other services relating to the real-estate. Common real-estate transaction involve:

• Purchase or sale of real-estate;
• Real-estate finance or loan transactions;
• Leases;
• Agreements to manage a property;
• Inspections;
• Compliance with codes;
• Surveys;
• Approval by Zoning Boards;
• Contracts for renovating old buildings or building new ones;
• Appraisals; and
• Title Insurance and liens.

Varying Disputes Involving Real Property Issues in Commercial Real-Estate

Disagreements over contract terms often lead to lawsuits in the commercial property setting. Such disputes can arise over the terms or conditions of development, construction or management contracts or use of certain accounting or cost allocation methods. Our Chicago real estate litigation Lawyers have dealt with the following types of disputes:

• Failure to pay rent, failure to properly maintain a commercial property, failure of a tenant or landlord to properly maintain a property according to the obligations of the lease contracts;
• Disputes over the proper use of a commercial space between the landlord/property owner and the tenant;
• Violation of non-compete agreements in shopping centers or strip malls;
• Violations of zoning restrictions or land use regulatory schemes;
• Development or construction contracts with issues such as over charging for a management or construction fee, failure to provide adequate or satisfactory services or responsibility for work site injuries;
• Disagreement as to the value of a property requiring a determination of fair market value;
• Failure to disclose pollution or contamination issues; and
• Encumbrances such as easements which preclude using the property for its intended use.

Types of Residential Real Estate Disputes

Disagreements over residential real property can involve:

• Breach of the sales contract by the purchase or seller of real property;
• Failure to honor contracts with brokers;
• A Seller’s failure to disclose the true condition of the property;
• Misstatements in financing disclosures;
• Boundary line disputes or disputes over easements or other encroachments;
• Nuisance issues;
• Violating covenants including restrictive covenants;
• Disagreements with Condominium and Home Owner’s Associations;
• Defective title;
• Wrongful foreclosure;
• Dividing the home in a divorce; or
• Disputes between heirs of the same property.

Lubin Austermuehle, P.C.’s Chicago real-estate litigation lawyers represent clients throughout Chicago and Illinois. Our offices are in Elmhurst, Wilmette and Chicago, Illinois. To set up an appointment with one of our Chicago real-estate litigation attorneys, contact us online, on our toll-free number at 630-333-0333.