Real Estate Litigation Law Firm: Chicago, IL
One of the Firm's major areas of concentration is real estate litigation. The Firm handles lawsuits for plaintiffs and defendants for specific performance, declaratory judgment, rescission and for imposition of constructive trusts; commercial foreclosures, evictions, and real estate brokerage disputes; money damages; and partnership and other entity break ups.
Often the overriding issue in real estate litigation is the timing of the disposition of the lawsuit. Prevailing in a lawsuit for specific performance two years after filing may be a hollow victory if financing has expired, prospective buyers or tenants have gone elsewhere, the municipality has soured on the development. Sometimes these types of lawsuits lend themselves to resolutions other than the mere payment of money, such as negotiating a right of first refusal, paying a percentage of a higher sales price to the alleged aggrieved party when the property is resold or providing additional listing agreements in exchange for a discount on the brokerage commission due. Under other circumstances, the most effective strategy is to exterminate the opposition.
As in all lawsuits, real estate litigation requires formulating strategy, implementing it and being able to change as circumstances dictate. However, there are limits on what courts will permit. For example, Illinois had adopted the mend your hold doctrine (a nineteenth-century wrestling term) which may preclude litigants from changing positions through the course of litigation. This doctrine is particularly applicable to real estate litigation where changing market conditions serve as incentives to change positions (a down turn in the market may make the plaintiff buyer reluctant to proceed with the specific performance lawsuit, while the defendant seller may then file a counterclaim demanding that the plaintiff perform; a plaintiff may sue claiming he is a partner in a real estate development and then want to withdraw the complaint if the project is losing money, while the defendant may want to then file a counterclaim making a capital call.)
The above illustrates that even lawsuits that appear simple when filed may become complex during the course of the litigation. An attorney knowledgeable in real estate is not necessarily an experienced real estate litigator. Likewise, an experienced commercial litigator is not necessarily an experienced real estate litigator. The Firm concentrates in real estate litigation. Of course, the court or jury will often decide a case on matters not raised by either party. Nonetheless, with an experienced real estate litigator the client will know that everything that can be done to increases the chance of success is being done.
Our attorneys have significant experience in real estate litigation, including:
- Breach of Contract
- Fraud
- Condominium Association Disputes
- Homeowners' Association Disputes
- Forged Deeds
- Foreclosure
- Land Use
Contact Us
To schedule a consultation with one of the real estate lawyers at our firm to discuss any real estate litigation matter, call (312) 345-5750. To ask a real estate litigation question by e-mail, contact us online.
Marty J. Schwartz, PC
Three First National Plaza
70 W. Madison St.
Suite 4500
Chicago, IL 60602
We represent individuals and businesses in Illinois, including Chicago, Northern District, Cook County, Dupage County, and Lake County.
