Item: Lubin Austermuehle, P.C.
Rating: 5
Author: Sebastian R.

Real Estate Litigation

Real estate litigation encompasses the many disputes that may arise over the sale, lease, development, use, or enjoyment of real property. Our legal system identifies two main categories of real estate, residential and commercial. The laws governing each type of real estate differ from one another, with residential real estate law featuring more protections for purchasers and renters as consumers. The range of possible disputes can be overwhelming for businesses and individuals alike. Our Chicago real estate litigation lawyers have extensive experience representing individuals, organizations, and businesses in both residential and commercial real estate litigation, helping them to understand their rights and duties, advocating for them and fighting to protect their interests and recover the relief owed to them.

Types of Real Estate and Real Estate Transactions

Residential real estate includes personal homes, townhomes, condominiums, apartments, and other types of property primarily intended as a private dwelling. Commercial real estate includes offices, retail stores, factories, warehouses, and other locations intended for the transaction of business. Property intended for development into residential property, such as a subdivision or apartment building, is usually considered commercial real estate until it is subdivided and sold to private homeowners or leased to tenants.

Most disputes leading to real estate litigation involve agreements between individuals or businesses to buy or sell real estate or to perform a service related to real property. Common agreements and transactions in residential or commercial real estate may include:

Sale/purchase of real property;
Purchase money financing for real property;
Lease agreements;
Property management agreements;
Property inspections;
Code compliance;
Surveying;
Zoning review and approval;
Construction contracts for new construction and renovations;
Property appraisals; and
Title commitments and title insurance.

Types of Commercial Real Estate Disputes

Disputes in commercial real estate often relate to contractual disputes, property development or management, and disagreements over land use or title. The real estate litigation attorneys at our Chicago firm know that these disputes may include:

Breach of lease, through non-payment of rent, failure to maintain commercial premises, or failure to operate a business in the manner described in a lease contract;
Disputes between property owners and tenants over the use of commercial space;
Zoning violations, or other disputes involving land use regulations;
Construction or development contracts, including lack of payment, unsatisfactory services, or worksite personal injury;
Disputes over fair market value of property;
Undisclosed pollution or contamination of property; and
Easements or other encumbrances preventing intended uses of real property.

Types of Residential Real Estate Disputes

Disputes arising from residential real property transactions may include:

Breach of contract for sale of real property;
Seller’s disclosures regarding the condition of the premises;
Disclosures regarding financing;
Disputes over boundary lines or other encroachments;
Nuisance claims;
Alleged violations of restrictive covenants;
Property Owner’s Association disputes;
Easements or other encumbrances;
Defects in title;
Foreclosure or alleged wrongful foreclosure;
Division of real property in divorce; or
Division of real property among heirs in the case of a homeowner who died intestate, or without a will.

Lubin Austermuehle, P.C.’s Chicago real estate litigation attorneys represent clients throughout Illinois, including the Chicago metro area and DuPage County, as well as Indiana and Wisconsin. We have offices in Elmhurst and Chicago, Illinois. To schedule a consultation with a real estate litigation lawyer in the Chicago area, contact us via email, at 630-333-0333.

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★★★★★

"I was referred to Peter Lubin from someone in the car business to handle a law suit. From the moment I made the appointment Peter and his staff were outstanding. This wasn't an easy case, most lawyers had turned me down. However, Peter took the time to meet with me and review everything. He took on the case, and constantly communicated with me about updates and case information. We beat this non-compete agreement case in record time. I would use him again and recommend him to my closest family and friends. 5 stars is not enough to thank him for his service." Sebastian R.

"I worked on two occasions with Peter Lubin and his staff. They took their time with me and discussed each and every item in detail. The group makes you feel like you are part of the family and not just another hourly charge. I recommend Peter to anyone who asks me for a referral. If you are looking for a top notch attorney at a reasonable rate, look no further than Lubin Austermuehle." Kurt A.

"Excellent law firm. My case was a complicated arbitration dispute from another state. Was handled with utmost professionalism and decency. Mr. Peter Lubin was able to successfully resolve the case on my behalf and got me a very favorable settlement. Would recommend to anyone looking for a serious law firm. Great staff and great lawyers!" Albey L.

"I have known Peter Lubin for over 30 years. He has represented me on occasion with sound legal advice. He is a shrewd and tough negotiator leading to positive outcomes and averting prolonged legal hassles in court. He comes from a family with a legal pedigree and deep roots in Chicago's top legal community. You want him on your case. You need him on your opponents case. He won't stop fighting until he wins." Christopher G.

"Peter and his team helped us with an auto fraud case. They communicated well (timely and very responsive), investigated deeply, and negotiated a very good settlement. We were able to resolve our significant issue without a large burden and in a manner that allowed for us to come out ahead. I'd recommend Peter and his team strongly!" R.J. Callahan

"Peter was really nice and helpful when I came to him with an initial question about a non-compete. Would definitely reach out again, recommended to everyone." Johannes B.

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