For most individuals and businesses, real property is their single greatest asset, liability and investment. In many respects, every piece of property is unique, and buyers invest countless hours and significant expense finding the perfect piece of property to suit their needs. Sellers likewise go to considerable expense preparing their property for sale and advertising to get top dollar. Neither party can afford to see the deal fall apart at the last minute and have to start all over again, yet problems occur all the time. Many of these issues require litigation to straighten out. When they do, the Chicago real estate litigation lawyers at King & Jones step in with strategic, practical advice and assertive, effective representation. Our real estate lawyers handle real property litigation in Chicago and across the country, so call our office if you find yourself in a real estate dispute and need help finding a solution.
King & Jones steps in to keep a real estate transaction on track when disputes arise at any stage of the deal, from negotiations to financing to closing. Beyond the initial purchase or sale, our real estate litigators are here for any problem that arises during the term of property ownership. Some of the firm’s main areas of real estate litigation practice are described below.
We file suits to quiet title when a cloud appears over the title, to establish and settle a party’s rights to ownership. We initiate litigation to cure title defects and also litigate against title insurance companies when they fail to pay a claim or defend the policyholder. We seek declaratory judgments or injunctions when appropriate.
Boundary disputes involve alleged encroachments onto another’s property, which can be the result of misplaced fences, bad property line surveys, the erection of outbuildings, or overhanging trees. Fences, walls and building construction can also deprive a property owner of sunlight or an unobstructed view, giving rise to litigation. Adverse possession claims can result in the transfer of property ownership after as few as seven years in Illinois, or even less in some states.
Residential and commercial landlords and tenants all have rights and responsibilities when it comes to leasing or renting property. Tenants can demand quiet enjoyment of their property, habitability, or fitness for a particular purpose when contained in the lease. In exchange, they have the duty to pay rent, refrain from damaging property or conducting activities that interfere with the rights of other tenants. Self-help options like lockouts by landlords or rent abatement by tenants might be illegal or invite litigation. Our firm’s real estate litigation team represents landlords and tenants across the spectrum of leasing issues.
Sellers are required to disclose material defects about which they have actual knowledge and that could have a substantial adverse effect on the value of the property or significantly impair health or safety. Sellers can be liable for errors, inaccuracies and omissions in required disclosures. Litigation may surround the issue of materiality or questions about the seller’s actual knowledge, a reasonable belief the defect had been corrected, or whether the mistake is the responsibility of an engineer, surveyor or contractor. Our firm litigates property disclosure issues under the Residential Real Property Disclosure Act in Illinois or similar laws in other states.
Real estate agents and brokers, as well as architects, design professionals and others, may be liable for a breach of their fiduciary duty, negligence or incompetence that falls below the standards required by their profession. Our firm’s experience in architectural, legal and accounting malpractice and breach of fiduciary duty claims makes us well-suited to litigate similar issues in the context of real estate claims.
“These guys just know how to win. Every client with a business dispute, will contest, or breach of contract case deserves lawyers who can take their case into a courtroom and prevail. Peter and Bill have decades of experience, and a unique ability to make a complex commercial case easy for a judge or jury to understand and side with them. I have personally worked in trial with Bill and Peter on behalf of a mutual client. There is no one I would trust more with a commercial case, contract dispute, or will contest than Peter King and Bill Jones.” – Paul D’Amore
“Peter King and Bill Jones are lawyers' lawyers. They are both extremely intelligent and organized. The first thing that I do is call Peter and Bill whenever a complex commercial litigation case crosses my desk.” – William Warmouth
“Strongly recommended. They quickly grasped my legal situation and provided me with well thought out options to consider at each decision point of my legal matter. They are smart, tough and has the experience to deal with complex legal matters. The attorneys at Canel, King and Jones, provide big firm quality, but the personal attention only available at a smaller practice. The personal relationship developed with me during my matter provided me with the confidence that they had my interests in mind.” – Randy D.
For help from a real estate litigation attorney in Chicago or across the country, call King & Jones at 312-372-4142. Our experienced and successful litigation lawyers work with prominent lawyers and law firms throughout the United States to provide you with capable, competent, and confident representation.