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.

Client Reviews
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 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.