Our real estate litigation practice has a proven track record of helping clients resolve disputes. Our clients have included property owners, Fortune 500 companies, title insurance companies, landlords, tenants, municipal corporations, lenders, investors, and developers from both the plaintiff and defense side.
Querrey & Harrow has the resources and experience to advise on any type of real estate litigation. We have represented two national title insurance companies in the real estate litigation, and our bankruptcy group and real estate transactional groups provide added resources and experience. The core services we provide in this area include:
- Breach of real estate contracts
- Breach of construction contracts
- Residential Real Property Disclosure Act claims
- Fraud
- Quiet title
- Specific Performance
- Contract reformation or rescission
- Tax Deeds
- Real Estate Broker disputes
- Mechanics Liens
We have recovered unpaid fees for condominium boards, recovered damages incurred by victims of mortgage broker fraud, and handled Residential Real Property Disclosure Act claims. We have assisted individuals and title companies in resolving real estate title disputes including quiet title, contract reformation, contract rescission and specific performance claims.
We assist contractors, subcontractors, material suppliers and owners recover the amounts due them through mechanics liens and bond claims. We have prosecuted and defended claims involving private and public projects. When necessary, we have obtained judgments against owners and sold the real estate to recover the mechanics lien judgment.We also have experience with mediation, arbitration and trials of real estate disputes.
Recent Successes Prior results do not guarantee similar outcomes.
Obtained judgment against sellers for fraud and in violation of the Residential Real Property Disclosure Act. Buyers discovered defective foundation after moving into the home and contacted engineers and contractors, who advised that sellers had previously contacted them for foundation repair bids. Sellers claimed they thought the foundation had been repaired. They had engineer testify that he had investigated the masonry and foundation, consulted with engineers and contractors, and ultimately told sellers the house did not need foundation repairs. We established, on buyers’ behalf, that sellers knew the house was settling as evidenced by their obtaining repair bids, and by the frequent tuck pointing and painting that was required to maintain the house. Our petition for attorney fees and costs was also granted.
Obtained a verdict in breach of contract and fraud case against mortgage broker who backed out on table funded loan it was unable to resell. Borrowers sought a commercial loan, and broker advised that the loan was approved. Borrowers attended closing and funds were dispersed the following week. Seven days after the closing, the broker advised that the lender was rescinding the loan and cancelled the checks. Apparently, the broker table funded the loan and backed out of the loan when it was unable to resell it. They jury entered judgment in favor of the borrowers for breach of contract and fraud including an award of punitive damages.
Successfully defended a homeowner in a mechanics lien foreclosure action. In this mechanics lien foreclosure action, the trial court found that the mechanics lien was invalid because the contractor had inflated the amount of the lien by 56%. The court also found that the contractor had violated the Illinois Home Repair and Remodeling Act and denied the contractor any recovery for breach of contract. The court found in favor of our clients on her breach of contract claim and awarded her damages.
Representative Matters
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Drafted Economic Incentive Agreements between Village and businesses
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Represented commercial tenant in rent calculation disputes
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Negotiated settlement commercial tenant resulting in recovery of approximately $800,000 for Tenant Improvement Allowance
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Draft easements and licenses
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Obtained settlement whereby home purchaser client was paid sums for repair of flood damage as a result of failure to disclose flooding in home purchase