Real Estate Litigation

Real Estate Litigation

We represent clients in lawsuits involving multiple aspects of real estate disputes, such as defective construction claims, breach of purchase or contract, lease violations, claims against home buyers and sellers, specific performance of purchase contracts, lease disputes, adverse possession, condemnation and inverse condemnation, enforcement of protective covenants, home owner association disputes, broker/salesperson liability, Chapter 558A claims concerning disclosure of known defects, zoning disputes, and tax valuation or other valuation disputes.  In the event that problems arise after financing is in place, we assist clients with work-outs, foreclosures, bankruptcies, and the additional litigation.

Disputes involving real estate are serious by definition.  We are prepared to defend your rights protect you property and have a wealth of experience in a complex area of the law.

  • Real Estate Broker Contract Enforcement
  • Seller – Buyer Contracts
  • Failure to Disclose Defects
  • Warranty Claim
  • Contractor and Construction Disputes
  • Leases & Assignments
  • Option to Buy or Lease Agreements
  • Security Interests
  • Zoning
  • Condemnation by Government
  • Inverse Condemnation
  • Easements and and Boundary
  • Prescriptive Use
  • Title problems
  • Mortgage and Lien Enforcement and Defense
  • Landlord-Tenant Disputes
  • Protective Covenant Agreements
  • Land Use
  • Partition
  • Quiet Title
  • Cloud on Title or Defamation of Title
  • Home Owner Association Covenants

Every piece of land/building is unique in the eyes of the law. You can't replace or substitute a piece of real estate. Therefore there is a legal remedy unique to real estate called “specific performance”. For example, if a seller breaches a contract to sell a piece of land, the buyer can seek specific performance instead of money compensation. If successful the court may force the seller to sell the land to the buyer. This is a powerful remedy for a real estate litigation attorney.

If you are facing a real estate lawsuit or dispute, or want to prevent a potential problem, call us. The following are some common areas where legal disputes can occur:

Purchase-Sale

Iowa and Illinois statutory laws, as well as the common law, that closely regulate real estate transactions. Often real estate transactions involving laws of multiple states, federal laws may come into play.

Even the smallest residential real estate transactions will involve numerous documents including the sales contract, deeds, mortgages, notes, and other documents regarding zoning, land use, etc. Larger commercial real estate transactions can easily become complex with security interests, leases, financing arrangements, and numerous interested parties.

Title Litigation

If you're buying a piece of land you need to know exactly what you're buying. One of the trickiest questions in real estate is: who owns it?

Ownership of land is no simple matter. One step is checking the title history to figure out who owns land – somebody may have recorded a forged title years ago. In New York, for example, if somebody has used another person's 's land for 10 years, they can claim ownership to that part of the land. It is also possible to have ownership rights to parts of the land – somebody may have mineral rights to land and outside parties may have legal guaranteed permission use the land. There may be restrictions built in to the title about what can be built on the land regarding type, style, and size limitations. Ownership of land may come with obligations attached to pay for street maintenance. If the land is located on water, or requires extensive irrigation, there are laws and rules about water usage.

Ideally, all of these terms are clearly expressed in title, but often they are not. As a buyer, you need to know exactly what you are buying. If you are facing a dispute over the terms of a title, our attorneys can help make things right.

Mortgage & Foreclosure Litigation

Most real property is secured by a mortgage. We handle the foreclosure process for the mortgagee (banks) and also help the home owner (mortgagor). We are prepared to handle issues involving mortgage fraud and other foreclosure issues. While a bank may have the right to foreclose when the mortgage note is in default, there are specific rules to be followed. A homeowner has rights and often will have a time period during and after the foreclosure to live there and to try and rescue their home or real estate.

Estate Disputes & Litigation

Real estate also presents issues of inheritance and survivorship. There can be future interests – usually in the form of reversion and remainder interests – in a piece of land. When a previous owner of the land dies, somebody may be able to step forward with a valid claim to ownership. If your title company didn't find this information, you may be in a very bad situation.

Leasing

Landlord-tenant situations problems are very common. As a landlord, it is important to memorialize your expectations in legally valid and enforceable lease language. As a tenant, you should know that many regulations cover the terms of leases. There are Iowa and Illinois consumer protection laws that apply to benefit both parties.

Landlords, and particularly their staff, need to be aware of both the federal, state and city laws covering many aspects from discrimination to building code.

Land agreements can exist for decades. An agreement made a century ago can affect how the land is used today. Real estate law is notorious for old, arcane legal terms. You need a lawyer who understands the most arcane of legal terms.

Regulatory Matters

Landlords and their employees need to aware of the Federal Fair Housing Act. Establishing policies and procedures can prevent charges of discrimination.

Zoning 

 Property owners should make sure that the land they are to buy is zoned property for the use they intend to put the property. For example a business may not usually be operated out of a home located in a district that is zoned residential. Often as a community grows the city or county zoning districts need exceptions to old district boundaries. Therefore a re-zoning request may be needed to be made to the local zoning board. The will be specific proceedures and practices are established by the city or counyt

Our Approach

We will work hard to earn your trust and loyalty through our commitment to you and your case, by our work ethic, our experience and resources, our deep commitment to obtain justice and our honest ethical approach.

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