Consider this scenario: a developer buys a subdivision, secures financing for 50 units of housing and breaks ground. Then, out of the blue, comes a party claiming to own a substantial swath of the land. Is the project doomed? Will investors and creditors sue? Does the developer have recourse against the party that conveyed the land? Sorting out a complex commercial real estate controversy requires in-depth knowledge and experience. At Schwartz & Kanyock, LLC, our real estate litigators have more than 50 years of combined experience in high-stakes disputes. We know precisely what must be done to deliver the best results possible for our clients.
A seller of real estate must have the right of conveyance. Defects in a deed cast doubt on the present owner’s legal right to convey the property to another.
Schwartz & Kanyock, LLC litigates aggressively to help our clients achieve the best remedy possible at law or in equity. A buyer who takes possession of a defective deed no longer has a claim for breach of contract, but can sue for breach of warranty. Whether damages are available depends on the type of deed and the particular defect. Quitclaim deeds provide the least protection for a buyer, while general warranty deeds are the soundest.
An encumbrance limits the owner’s right to use and develop the property, reducing its value. Common encumbrances include:
Title disputes can add enormous costs and frustrate your real estate transaction. Schwartz & Kanyock, LLC has the knowledge and experience to resolve these disputes favorably. Call us 312-436-1442 today or contact our firm online to schedule a consultation.