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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