Chicago Real Estate Litigation: Selecting a Real Estate Lawyer
For most people, the property that they own is their pot of gold. It’s a way that they generate income and attain a sense of financial security and wealth. When someone or something threatens that property’s value or title, understanding the steps that you can take to defend it is important.
Chicago Real estate litigation can be very complex.
There are different laws that govern residential and commercial real estate. Real estate litigation for residential properties is vastly different than for commercial properties because of the laws that pertain to each kind of property. Hiring an attorney that understands the differences in the laws that dictate these two types of property is important. If your attorney’s expertise is in commercial real estate and you have a residential case, what they can offer you might not be what you need.
Types of disputes that can arise in residential Chicago real estate transactions include:
• Defects in title;
• Breach of contract for sale of real property;
• Nuisance claims;
• Seller’s disclosures regarding the condition of the property or land;
• Disputes over boundary lines;
• Foreclosure or alleged wrongful foreclosure;
• Disputes with the property owner’s association;
• Division of real property due to divorce; or
• Division of real property among heirs in the case of a property owner who died without a will in place.
Of course, this list is not exhaustive. There are a myriad of unique situations that can arise and cause conflict related to real estate transactions. Particularly in the case of residential real estate, where it is more likely (in cases such as divorce, division among heirs, and conflicts among neighbors) where the involved parties know each other personally, emotions tend to run high and all kinds of special circumstances can arise.
Types of disputes that can arise in commercial Chicago real estate transactions include:
• Breach of lease, either through failure to pay rent or to appropriately maintain commercial premises, or failure to operate a business in the manner described in a lease contract;
• Disputes between tenants and a property owner over the use of commercial space;
• Violations regarding zoning, or other disputes involving regulations of land use;
• Development or construction contracts, including worksite personal injury, lack of payment, or unsatisfactory services;
• Disputes over fair market value of property.
As the different types of real estate litigation can differ based on the type of property, the laws for each type of situation can be difficult to understand. Dealing with a breach of contract or a tenant breaking a lease requires a far different expertise than cases involving code violations, easements or eminent domain. Hiring an attorney that has experience in the type of case that you have to bring before the courts is essential to the success of your defense. Additionally, having an attorney who understands the route that you want to take to resolve your dispute is important. If your interest is bringing your case before a judge, hire an attorney who is ready for that challenge. If your intention is to attempt to mediate the situation for an amicable solution for all parties involved, a lawyer whose ability to negotiate compromises for a more expedient solution rather than going through the courts is a quality that you should look for.
Your Choice in Chicago Real Estate Attorneys Matter
Real estate disputes can be both time consuming and costly. Making the right decision in regards to the attorney you select can make a substantial impact on your bottom line. A proactive approach to protecting the best interests of your property by selecting the right person to represent you from the start can mitigate your risk and might eliminate your liability altogether. Chicago Real estate law is largely based on the interpretation of the law, especially when dealing with codes. Because it can be very circumstantial, having a thorough attorney who has a full understanding of every minute detail of your case and how it’s affected by the current law can make the difference between a win or a loss in court.
Having an attorney that can work with you to provide the best defense for your specific situation is essential. No matter how simple or complex, an experienced attorney can make a world of difference. The attorneys at www.chicagorealestatelawfirm.com know the ins and outs of real estate law. Our attorneys vary in real estate specialties and can handle your case, no matter what kind of situation you are facing. Let our Chicago real estate litigation team handle your case with our expertise today.