Real Estate Litigation

Real estate litigation in Illinois covers a range of disputes that may come up in connection with selling, developing, or using property. Lawsuits may be filed regarding breach of contract, fraudulent representation, mortgage foreclosures, and title disputes. In some cases, disputes can be resolved without litigation. However, in case negotiations do not work, it is important to be represented by a seasoned litigator. Cook County real estate litigation lawyer Raj Jutla has more than 15 years of litigation experience. He represents clients in Cook, Lake, DuPage, Kane, and McHenry Counties.

Disputes may involve the ownership of residential or commercial real estate. For instance, if your neighbor builds a shed that extends into what you think is your property, and he disagrees, this could turn into a dispute that requires resolution by a court. Similarly, if someone shows up and claims that your property is her inheritance and has valid paperwork to support this claim, the title defect may need to be resolved in court.

Other disputes may involve the purchase and sale contract. Most real estate contracts need to be in writing to be enforceable. Often, these contracts are complex. Litigation may involve a breach of one or more terms in the purchase and sale contract. A breach of a purchase and sale agreement happens when there is a violation of contractual terms or conditions without a legal excuse. The court will first turn to the plain language of the agreement to determine the outcome of the dispute. A real estate litigation attorney in Cook County can represent a buyer or seller in a contract dispute.

Disputes over real estate purchase agreements may also come up in connection with disclosures. Among other things, sellers will need to provide to buyers written disclosures of known information about the condition and safety of the property. The disclosures can include information about foundation problems, mold, leaky roofs, and past flooding. If a disclosure form that is incorrect or incomplete is delivered, this can be a basis for canceling a purchase contract prior to the closing. Sellers can be held responsible for failing to disclose or describe defects in a home under the Illinois Residential Real Property Disclosure Act. Buyers may also hold sellers liable for failing to disclose property defects under Illinois fraud and negligence laws, or for breaching a warranty that guaranteed that certain appliances and fixtures would be in operating condition at the time that possession was transferred.

In some cases, a buyer may have a claim against a property’s listing broker for failing to disclose a known defect or failing to investigate and confirm information that it set forth in a listing sheet. Brokers can be held accountable for false or misleading statements under the Illinois Consumer Fraud and Deceptive Business Practices Act. A buyer also may be able to hold a home inspector accountable with the assistance of a Cook County real estate litigation attorney if an inspector failed to list a defect in the inspection report prepared prior to the closing.

When a seller wrongfully fails to live up to its contractual obligations, a buyer may recover money damages, obtain the return of the deposit, terminate the contract, or secure specific performance of the agreement. Additionally, if specific performance is awarded, whoever is suing for breach of contract may have the transaction completed according to its specific terms.

More than one person may own real estate. During a divorce or after the death of one of the owners, a remaining owner may wish to divide a real estate parcel so that it is no longer held in a joint ownership arrangement. A partition of real property may be requested in the circuit court where the premises are located. A verified complaint must describe the property that should be divided and set forth the parties’ interests. The court may appoint a commissioner to report on whether and how the premises should be divided. It may be appropriate to retain a surveyor to figure out an appropriate property division. However, when an equal division is not possible, it may be appropriate to purchase or sell a co-owner’s interest or sell the property with an equal division of the sales proceeds.

For many people, real estate is the most valuable asset that they own. If someone else’s actions threaten your property value or title to your real estate, you may need to litigate your dispute in court. If you are concerned about a dispute involving real estate, you should consult Raj Jutla at Jutla Legal. He represents clients throughout Cook, Lake, DuPage, Kane, and McHenry Counties. Call us at 847-305-3034 or complete our online form.