Chicago Real Estate Litigation Lawyer

Types of Real Estate Disputes We Handle

Real Estate Misrepresentation and Disclosure Disputes

Real estate transactions depend on accurate information. When buyers or sellers make false or misleading representations, fail to disclose known defects, or misstate property conditions, zoning restrictions, or boundary issues, significant financial exposure follows.

We represent buyers and sellers in disputes involving:

• False or misleading representations about property condition
• Failure to disclose known defects or material conditions
• Misstatements regarding zoning, boundaries, or property characteristics
• Claims arising from inspection or due diligence failures
• Fraud and intentional misrepresentation

These cases often require careful factual investigation and legal analysis to establish liability and prove damages. For more information about misrepresentation claims, see our Real Estate Misrepresentation & Disclosure Disputes page.

Partition Actions

Disputes between co-owners can make property impossible to sell, refinance, or use. When co-owners cannot agree on whether to sell, how to manage the property, or how to divide proceeds, partition actions force resolution through court-ordered sale or physical division.

We handle partition actions involving residential, commercial, and investment properties, including:

• Forcing the sale of jointly owned property when co-owners disagree
• Resolving disputes over contributions, expenses, and occupancy rights
• Protecting ownership interests when co-owners refuse to cooperate or buyout
• Accounting for improvements, taxes, and other financial contributions

We guide clients through partition litigation from filing through resolution, including negotiated buyouts where possible. For detailed information about partition actions and the legal process, see our Partition Actions page.

Breach of Contract - Sale of Real Property

When a real estate deal falls apart, timing and leverage matter. Whether the buyer backs out before closing, the seller refuses to transfer title, or disputes arise over contract terms and contingencies, breach of contract litigation may be necessary to enforce your rights or recover damages.

We handle disputes involving:

• Buyers or sellers failing to close on agreed terms
• Earnest money disputes and escrow conflicts
• Disagreements over contract terms, contingencies, or performance deadlines
• Specific performance claims to force completion of the sale
• Damages claims for lost opportunities or increased costs

Our goal is to enforce your contractual rights while minimizing disruption and unnecessary cost. For more information about real estate breach of contract claims, see our Real Estate Breach of Contract page.

Boundary, Encroachment & Easement Disputes

Property lines, access rights, and encroaching structures are frequent sources of real estate conflict. When neighboring property owners dispute boundaries, structures encroach over property lines, or easement rights are unclear or contested, litigation may be necessary to establish clear property rights.

We handle disputes involving:

• Boundary line disagreements and survey conflicts
• Encroachments by neighboring structures, fences, or improvements
• Easements, access rights, and shared use issues
• Adverse possession claims
• Title defects and recorded encumbrances affecting property use

These matters often require coordination with surveys, title records, and expert analysis to establish facts and prove claims. For detailed information about resolving these disputes, see our Property Line Disputes and Easement Disputes pages.

Nuisance & Property Interference Claims

When a neighboring property interferes with the use and enjoyment of your land, legal action may be necessary to stop the interference and recover damages. Nuisance claims address ongoing conditions that substantially interfere with property rights.

We represent clients in nuisance disputes involving:

• Noise, odors, drainage, runoff, or other ongoing interference
• Improper land use or development affecting neighboring properties
• Conditions affecting property value, habitability, or peaceful enjoyment
• Trespass and repeated property intrusions

Nuisance claims often overlap with zoning violations, HOA and condo disputes, or local code enforcement, and may require coordination with municipal authorities.

Quiet Title Actions

When ownership is disputed, title defects cloud the record, or liens remain improperly attached to property, a quiet title action may be necessary. A quiet title action is a lawsuit that establishes clear ownership by eliminating adverse claims, liens, and encumbrances from the public record.

Rather than seeking monetary damages, the court issues a judgment declaring who holds valid title, effectively resolving competing claims. Once recorded, a quiet title judgment restores marketable title, allowing property owners to sell, refinance, or develop without lingering uncertainty.

We handle quiet title actions involving:

• Mechanics liens and defective lien claims
• Ownership disputes and chain-of-title defects
• Fraudulent or forged transfers
• Invalid easements or encroachments
• Ownership confirmation following foreclosure or tax sales

For detailed information about title issues and the quiet title process, see our Title Disputes page and our Title Dispute & Quiet Title FAQs.

HOA & Condo Disputes

Condominium unit owners and HOA members can face serious legal disputes with their boards and management companies over maintenance failures, assessment increases, record access, and selective enforcement of community rules. When associations fail to meet their legal obligations under the governing documents or the Illinois Condominium Property Act, litigation may be the only way to hold them accountable.

We represent unit owners and HOA members in disputes involving:

• Failure to maintain or repair common elements
• Improper or unauthorized special assessments
• Refusal to provide financial records or meeting minutes
• Selective enforcement of rules and restrictions
• Board mismanagement and breach of fiduciary duty

For more information about how we help owners enforce their rights, see our HOA & Condo Disputes page.

When Real Estate Litigation Becomes Necessary

Not every real estate dispute requires litigation, but some cannot be resolved without court involvement. Litigation becomes necessary when:

• The other party refuses to negotiate or ignores legal obligations
• Ownership rights are being challenged or remain unclear
• Title defects prevent transactions from closing
• Informal resolution attempts have failed
• Time-sensitive transactions are at risk
• Property rights need court protection or enforcement

Real estate litigation provides legal tools that negotiation does not: discovery to compel evidence, court rulings on disputed facts and law, injunctions to prevent further harm, and enforceable judgments that clarify rights and obligations.

When used strategically, litigation doesn't just prepare for trial. It positions the case for resolution on better terms.

Why Real Estate Disputes Require Timely Action

Real estate disputes demand timely, informed action. Delays, uncertainty, or missteps can weaken your position and increase risk, especially when ownership, title, or contractual rights are at stake.

Property disputes often involve:

• Strict deadlines for contract enforcement or legal claims
• Continuing damage or interference that worsens over time
• Financial exposure that grows as disputes remain unresolved
• Transaction pressure when sales or financing are pending

Having experienced legal counsel early can make the difference between a stalled dispute and a clear path forward. Early involvement helps preserve evidence, protect rights, and position disputes for favorable resolution.

Many real estate litigation matters also overlap with construction disputes when property damage or construction defects are involved, or title disputes when ownership or recorded interests are contested.

How We Help Property Owners in Real Estate Litigation

We work with Chicago-area property owners to resolve real estate disputes through strategic litigation when informal resolution is not possible. Our focus is on protecting your property rights, enforcing contracts, and achieving practical outcomes.

We help clients:

• Evaluate legal claims and defenses based on contracts, title records, and applicable law
• File or defend real estate lawsuits in Cook County and surrounding counties
• Pursue partition actions to force sale or division of jointly owned property
• Enforce or defend breach of contract claims involving real estate transactions
• Resolve boundary, encroachment, and easement disputes
• Address nuisance and property interference claims
• Work with expert witnesses including surveyors, appraisers, and inspectors
• Negotiate settlements when litigation creates appropriate leverage

Whether your dispute involves a failed sale, contested ownership, property interference, or another real estate conflict, we help you understand your options and take action to protect your interests.