Understanding Commercial Real Estate Disputes in Illinois

Illinois commercial real estate dispute lawyerCommercial real estate disputes tend to be quite complex for both property owners and developers. Issues may arise related to prior or subsequent owners, neighbors, governmental agencies, or other third parties. If you are a commercial property owner or developer, these problems can become costly and time consuming. In order to improve your chances of prevailing in any dispute, it is imperative to have a skilled Illinois real estate litigation attorney on your side. At Momkus LLC, our knowledgeable civil and commercial litigation attorneys have extensive experience with Illinois zoning and commercial real estate cases. We have represented countless developers, landowners, and other entities in disputes involving commercial real estate.

Types of Commercial Real Estate Disputes

Problems involving real estate can arise for a number of different reasons. Some of the more common issues include:

  • Zoning Violations: A dispute regarding zoning and land use can occur when a commercial developer is in violation of its permit or zoning requirements.
  • Breach of Lease: This is typically a commercial landlord and tenant dispute that may arise over anything from failure to make payments on time to the tenant’s failure to use the property for its stated purpose in the contract.
  • Construction Disputes: A construction dispute can arise between multiple parties when one or more parties do not live up to their obligations under the contract.
  • Environmental Compliance: Any builder or land developer who fails to comply with applicable environmental laws and regulations could end up facing action from the EPA or another regulatory body.
  • Banking and Financial: Banking and other financial disputes can arise if an owner is in violation of his or her financing agreement. In these cases, the lender may take its own action in the form of foreclosure in order to get the relief owed.
  • Breach of Contract for Property for Sale: If land is being sold under a contract for development, it typically has certain timelines and contingencies that are built into the contract. In the event these conditions are not met, it can become a breach of contract case.

Illinois Real Estate Laws

The laws that govern Illinois real estate are complicated. Regulations may involve multiple governing bodies with statutes that sometimes conflict with one another. This is the basis for drafting long (and sometimes confusing) real estate contracts.

Real estate is typically one of the largest assets that a business owns. It is important to understand the importance of protecting your business’s most valuable assets. In the event a dispute arises, our team of attorneys at Momkus LLC can help resolve it through several different means: negotiations, alternative dispute resolution (ADR), or litigation.

We can advise you on other real estate topics as well, such as negotiating incentive agreements and relief considerations for both landowners and developers. These can be in the form of sales tax incentives, tax increment financing, and more.

Contact a DuPage County Commercial Real Estate Attorney

Commercial real estate can be a complicated business with a lot of legal terms to understand. If you need assistance with land use and zoning matters in Illinois, you should speak with a skilled DuPage County commercial real estate lawyer. Contact Momkus LLC at 630-434-0400 to schedule a consultation and find out how we can assist you in solving your real estate disputes.

Sources:

https://www.law.cornell.edu/wex/alternative_dispute_resolution

https://www.dupageco.org/zoning/

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