One’s property or home is something that is perhaps the closest to their heart after their family. Owning property, or holding a lease to it, gives you certain rights. However, someone else may own adjacent property or have their own interest in your property. You may not agree with them on everything. In some cases, the disagreement can affect your ownership interest or your finances. When that happens, you need an experienced real estate attorney to represent your interests.
Chicago real estate litigation lawyer at King & Jones represent parties to real estate disputes in litigation often. We have decades of experience in this legal field, and we can protect your property rights under Illinois law. We have represented many clients in real estate matters at trial, and many of our cases resulted in successful reported decisions.
To learn more about our team and how we might assist with your real estate dispute, consult with King & Jones today.
Many real estate lawsuits stem from a deal that has gone bad. When you buy or sell a real estate property, your best hope is that the deal proceeds smoothly to completion. Then, you hope that there are no issues that arise after the sale is complete. The vast majority of real estate transactions happen with no problems. For buyers, it means they have found a property or home that suits their needs. For sellers, they have monetized one of their most valuable possessions.
Unfortunately, not every real estate transaction will proceed without issue. Some transactions will have numerous bumps in the road. Others may fall apart completely. Finally, some buyers may discover after the fact that there were numerous things that a seller did not tell them during the sales process. These difficulties can lead to litigation. When that happens, you need vigorous legal representation, which is exactly what we provide at King & Jones.
In addition, there may be other conflicts related to the property when someone already owns it. For example, there may be a dispute about the boundary lines or whether someone has access to part of the property. You may have learned of a problem with the title after the deal closed, threatening your property ownership. Any suggestion that you do not entirely own your property can be nerve-wracking. At the same time, one property owner may need to use the property of another to fully enjoy their land. These thorny issues are often the subject of tension between owners.
Real estate litigation can be deeply personal because your property is often your most valuable asset, whether the property is a large commercial development or your home. Owners have a strong connection with their property and want to defend their rights at all costs. While it means that you want to fight hard to secure your rights, it also means that you need the levelheaded counsel that an experienced litigation attorney can provide you.
Our lawyers handle a diverse range of real estate conflicts, representing either side of the dispute. The common theme is that we have experience with real estate litigation and want to help you win your case.
Here are some of the types of real estate litigation that we handle at King & Jones. Our lawyers have broad-based experience with a diverse variety of real estate cases, and you should never hesitate to contact us for our assistance.
Sometimes, the ownership of all or part of the land can be in question. There may be a cloud on the title that you need to resolve. A plaintiff may need to go on offense legally and file a legal action called a quiet title lawsuit. This proceeding is a special legal case that seeks to have the court rule on who owns a certain parcel of property.
There may be uncertainties about ownership and access when there are questions about an easement. Certain people may have the legal right to access and use property for a certain specified purpose. An owner does not like an easement because it allows someone onto their land. Although they still own the property, they must share the use of it, potentially reducing its value.
You may need a quiet title action when boundary disputes arise, as we describe further below. There may have been an incomplete or inaccurate survey or other dispute about the exact spot of the property line.
In addition, one may need to file a quiet title action when dealing with the heirs of a homeowner. Not all heirs may be on the same page when it comes to a decision about whether to sell a property. You can establish this fact by filing a quiet title action.
The lines between two neighboring properties may not always be entirely clear. Over time, the boundary line may have become blurred. Alternatively, one owner may be doing something that encroaches on their neighbor’s property. They may have built a new fence, or a tree may extend onto someone else’s property.
Owners must promptly stand up for their property rights, or they may lose the ability forever. In Illinois, your neighbor can gain possession of the part of the land they have claimed over time through a principle called adverse possession.
When you work with an experienced attorney, there are steps that you can take to bolster your position. Your lawyer can work with a surveyor to locate the boundary of the property and research title records.
You may also face similarly high stakes if you face legal action in a boundary dispute. You may incur expenses to remove a fence or lose part of your property altogether.
Regardless of which side of the dispute you are on, there are high stakes in a boundary dispute.
Property owners and purchasers have a right to expect that those they hire and rely on will provide them with competent services. For example, you expect that a real estate agent will perform their due diligence on the property and inform you about material defects in the property. If you hire an engineer or architect for a building project, you can also expect that they will reasonably perform their job in accordance with professional standards.
Professionals may be sued for malpractice when they fail to live up to their own duty of care that they owe you under the circumstances. They do not even need to act intentionally to be liable. All it takes is carelessness in performing the job, and the professional might have to pay you in a lawsuit.
Practically any professional who was involved in your purchase of the home or completed work for you can face legal action for malpractice. There are numerous cases in which real estate brokers have faced lawsuits for negligence in connection with a real estate transaction because they owe their clients the duty of care.
The alleged failure to disclose a material defect in a property is perhaps the most common cause of real estate litigation. Under the law, Illinois residential property sellers must fill out an extensive form before the transaction closes. They have a legal obligation to disclose material defects in the property they actually knew about.
If they learn of any other defects before the time of closing, they must update the form. The buyer also has the right to inspect the property prior to closing to learn of defects that they can readily see through their own investigation. Once the seller discloses a material defect, the buyer has three days to decide whether to terminate the sales contract.
If the seller knew of a defect and failed to disclose it before the sale, they can be liable. The buyer might file a lawsuit once they learn of the defect. The seller might have to pay damages and court costs if they had falsely completed the disclosure form when they knew of an actual defect.
Real estate litigation can be stressful for all involved. If you are the property owner, you may be looking at a large expense to repair your property. You may be faced with the actual loss of a part of your property or having to share the use of it. Since your property is often your most valuable and personal asset, any disputes are understandably difficult for you. Similarly, you may face large potential liability if you face accusations of your own wrongdoing. Then, you will need an attorney to help protect you and minimize your risk exposure.
As soon as you learn of a possibility of a dispute, you should contact an experienced real estate litigation attorney as soon as possible. Real estate litigation does not always have to mean that you go to court to have a trial. There is a process involved with disputes, and a lawsuit may be the last resort. Trying to resolve the dispute with the other party is always preferable to a lawsuit that can drag on for years and cost a considerable amount of money,
Your lawyer can learn the facts of your dispute and help you with an overall strategy to deal with your situation. You may resolve your case through communication and negotiation with the other side. For example, you may send the other party a demand letter stating what you want them or do not want them to do, along with your legal position. This way, they are on notice that you may file a lawsuit, and they can adjust their own behavior or try to work out a solution.
Property issues involve high emotion because people feel very strongly about their property rights. Sometimes, taking the individuals out of the picture and communicating through lawyers can actually lower the temperature level of the dispute.
The two parties might speak through their attorneys and move toward a resolution. They can sign an agreement if they reach an understanding. Real estate litigation can be costly, and a litigation attorney may help you avoid it entirely because it will save you hassle and money.
If you cannot reach an agreement with the other side, you may have no choice but to file a lawsuit. In that case, the lawyers at King & Jones know how to get results for our clients. We are in each lawsuit to win or to get the best result for you through a settlement agreement.
You can feel confident knowing that you have an experienced attorney in real estate disputes. It does not matter whether you are up against an opponent you feel has more resources than you. We have a history of taking on opponents and winning, no matter their size.
Do not hesitate to get the legal help you need because the other side will almost always come to the table with their own attorney. Reach out to us at (312) 900-8183 or King & Jones today for more information.
“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.