Chicago Real Estate Attorney: Closings, Evictions, Construction Defects & More

Real Estate Closings & Buyer/Seller Representation →

What We Handle

We represent buyers and sellers from attorney review through closing. That means contract modifications during the 5-business-day attorney review window, title examination to surface liens and encumbrances before you own them, preparation of deeds and affidavits and transfer declarations and proration agreements, and attendance at closing, whether in person or remote. It's usually remote these days.

Don't DIY In Illinois

In most states, a real estate agent handles the entire transaction. Illinois is different because the courts have drawn a hard line between what agents can do and what requires an attorney.

The Illinois Supreme Court held in 1st Federal Savings v. Sadnick (1987) that even completing blank form fields on a real estate contract constitutes the practice of law. In Curielli v. Quinn (2015), the court confirmed that brokers cannot "create contracts for buying and selling, prepare deeds...or handle the final steps of a sale." Your agent can negotiate the deal and fill in the Multi-Board offer. Everything after that, from contract modifications to inspection responses to title objection letters to closing documents, requires an attorney. There is no workaround. Your trusted agent, who probably does know the right way to do everything, just can't do it. While that's great job security for me, it usually does mean some added costs to the transaction.

Flat-Fee Pricing

Our buy-side closing representation is a flat fee of $500, plus $150 per unit for multi-unit properties. That covers attorney review through closing: contract modifications, title examination, document preparation, and closing attendance. No hourly billing, no surprise invoices at the table. Remote closings are available statewide through our client portal and digital document execution.

Our sell-side closing representation, for residential property in regular transactions, is simply free. $0. We've never charged on a regular residential transaction, never will. We get paid enough by writing your title insurance. I even cover the costs of getting you a remote notary, so you wouldn't have to get off your couch to complete a transaction.

"Mr. Abdilla was better than I could have asked for. Made my life easy and took care of business exactly as he said."

Katrina K., Google Review

Multi-Board 8.0 Contract Review →

The Multi-Board Residential Real Estate Contract is the standard purchase agreement for residential transactions across Chicagoland. Version 8.0, released February 2025, is the most significant update in years, largely because the NAR settlement rewrote the rules on how buyer's agents get paid. But, there's lots of other goodies in there like solar panels and fixing the as-is loophole too.

What Changed in 8.0

The headline change is Paragraph 4, a brand-new section on buyer brokerage compensation. Under the old rules, the seller's listing agreement typically covered both agents' commissions. Now buyer brokerage compensation must be addressed in the purchase contract itself. This is about twenty years overdue if you ask me.

Beyond that, 8.0 introduced a non-counteroffer proposal mechanism in Paragraph 13(d) that lets attorneys make proposals without killing the deal if they're rejected. The fixtures checklist now covers EV chargers, video doorbells, smart thermostats, and surveillance systems. And the three-tier financing structure (contingency, cash-no-financing, cash-financing-allowed) is more clearly separated. Finally, the inspection provisions changed to a similar three-tier option of "accept/reject," "inspect, but only major systems," and "full inspection with requests."

Why Attorney Contract Review Matters

The attorney modification letter is the single most important document in a residential deal. Within five business days, we review every provision of the 38-paragraph contract, identify risks, and draft modifications tailored to your side of the transaction.

What we catch that agents can't: financing contingency deadlines that don't align with current lender processing times, inspection alternatives where the wrong checkbox forfeits your termination rights, proration methodologies that short-change you by thousands, and earnest money structures that leave your deposit exposed if the deal falls apart.

One example from 8.0 that catches people off guard: under the new Paragraph 15(c), if a buyer requests repair credits and the seller refuses, the seller may terminate the contract and retain the earnest money. Last year I probably had this come up 20 times! The market can be slow to change its force of habit.

Our Multi-Board 7.0 guide has been read by thousands of Illinois buyers and sellers since we published it. At one point, 1000 people a month were downloading it. The 8.0 guide covers every paragraph of the new contract in the same level of detail.

Eviction Services

We handle landlord evictions across Chicagoland, from 5-Day Notices through trial and post-judgment enforcement. Every eviction is a flat fee with no hourly billing.

"Justin evicted a tenant of mine in record time. It's unheard of and I just did not think it was possible to get this tenant out so fast."

William G., Real Estate Investor

Pricing by Jurisdiction

Court filing fees ($300-$389) are additional. Partial refund if the case settles early.

Why Hire an Eviction Attorney

One procedural mistake resets your clock to zero. Wrong notice type, bad service, missed deadline, and you're looking at an extra 30-60 days on top of whatever you've already lost.

Illinois has specific notice requirements under 735 ILCS 5/9-209 that vary by county and situation. Chicago adds the RLTO on top of that, with additional notice formats and tenant protections that don't apply in the suburbs. If you serve a Chicago eviction using a suburban notice form, you are starting the entire process over from scratch.

We handle evictions at volume, with dozens of active cases at any given time across Cook, DuPage, and Kane counties. We know the judges, we know the clerks, and we know which procedural shortcuts will actually backfire. Our flat fee is less than one month's rent for most landlords.

"Justin was highly recommended to us and we're very pleased with his services. He's an amazing attorney, very knowledgeable of landlords rights."

Bert W., Chicago Landlord

Creative Financing →

Subject-to acquisitions, wrap-around mortgages, seller finance, land trusts, and lease options. I have closed 40+ creative finance transactions since 2022 and built the turnkey document packages for investor companies doing this at scale across Illinois, Indiana, Florida, and Virginia. $2,000 flat fee per deal.

Zoning & Land Use →

Zoning law touches more real estate transactions than most people realize. If you're converting a two-flat, adding a unit to an investment property, or buying a commercial building for a use the current zoning doesn't allow, you need a zoning attorney before you need a contractor.

Services

Zoning due diligence is something we recommend before any investment purchase. We verify the property's zoning classification, confirm permitted uses, and check for non-conforming status or pending code enforcement actions. You'll get a memo from me about its status and what we think you could do to change it. The cost is usually about $1,000.

Variance applications come into play when strict application of the zoning code creates an unnecessary hardship unique to a specific property. We prepare and present variance applications to the Zoning Board of Appeals, applying the multi-factor test from La Salle National Bank v. City of Chicago. These are also extremely useful if you have a pending citation.

Special use permits are required when a zoning ordinance identifies a use as potentially compatible with a district but subject to individualized review. Religious institutions in residential zones, day care centers, and bed-and-breakfasts are classic examples. Senior living facilities come up more and more these days, but can be a much more intensive process to handle.

Chicago Planned Developments are a separate process entirely. Projects exceeding PD thresholds under CZO section 17-8-0100 require Part I legislative approval through the Plan Commission and City Council, followed by Part II building permit compliance review. We handle both phases.

Non-conforming use protection applies when a property's current use predates the zoning ordinance that would otherwise prohibit it. These grandfathered uses have legal protections, but they can be lost through abandonment or unauthorized expansion.

Chicago vs. Suburban

Chicago is a home rule municipality with its own comprehensive zoning ordinance under Title 17 of the Municipal Code, its own Plan Commission, its own ZBA, a certificate of zoning compliance process, and a Planned Development process that exists nowhere else in Illinois.

Suburban municipalities operate under the Illinois Zoning Enabling Act (65 ILCS 5/11-13-1), but each one has adopted its own zoning code with its own classifications, setbacks, density limits, and hearing procedures. Cook County has a separate code for unincorporated areas. DuPage, Kane, and Will counties each maintain their own. A variance application in Naperville is a completely different process from one in Chicago.

We handle zoning across all of these jurisdictions. Contact us for zoning consultations.

Construction Defect Claims & Contractor Defense →

We handle construction defect disputes on both sides of the table. If you're a homeowner whose contractor delivered substandard work, we pursue claims. If you're a contractor facing a defect allegation, we defend you. I consult on over a hundred construction matters a year for contractors and homeowners across Chicagoland. I see how these disputes develop from the inside, before they become lawsuits. That perspective is rare in a law firm.

What Qualifies as a Construction Defect

Construction defects fall into four categories, and most disputes involve more than one.

Design defects are errors in the architectural or engineering plans: structural inadequacies, code violations, drainage systems that send water toward the foundation instead of away from it. These claims target architects and engineers.

Workmanship defects are the most common. Improperly installed roofing, cracked foundations from bad concrete work, framing that doesn't meet load-bearing requirements, plumbing that leaks inside walls. These claims target contractors and subcontractors who deviated from accepted construction standards.

Material defects involve inferior or defective building materials: windows that fail prematurely, siding that delaminates within two years, insulation that doesn't meet the specifications in the contract. These claims can reach all the way back through the supply chain to the manufacturer.

Subsurface defects come from ground conditions: soil instability, inadequate compaction, poor drainage design. Foundation settlement and water intrusion are the classic symptoms. These claims target geotechnical engineers and site preparation contractors.

The distinction between patent defects (visible on inspection) and latent defects (hidden until they cause damage months or years later) matters enormously for deadlines. Latent defects are more dangerous because by the time you see the water stain on the ceiling, the damage behind the drywall has been compounding for a long time.

Homeowner Claims: Offense

If you hired a contractor and the work is defective, you have several legal theories available under Illinois law.

Breach of contract is straightforward: the contractor agreed to perform work meeting certain specifications, and didn't. The contract, change orders, and scope of work documents define what was promised. This is usually the strongest claim and the easiest to prove.

Negligence requires showing the contractor owed a duty of care, breached it by performing below the standard of a reasonably competent contractor, and that breach caused your damages. Expert testimony on industry standards is almost always necessary here.

Breach of warranty covers both express warranties in the contract and implied warranties under Illinois law. The Illinois Supreme Court recognized an implied warranty of habitability for new residential construction in Petersen v. Hubschman Construction Co. (1979), which means a builder warrants that a new home is constructed in a reasonably workmanlike manner and is suitable for habitation, even if the contract doesn't say so.

Violation of the Home Repair and Remodeling Act (815 ILCS 513) applies to residential remodeling work over $1,000. Contractors must provide written contracts, maintain insurance, and not misrepresent their qualifications. Violations give homeowners additional remedies.

What makes these claims succeed: photographic documentation from day one, professional inspection reports identifying the defect and its cause, all written communication with the contractor, repair estimates from independent contractors, and filing within the statute of limitations. If you think you have a defect, call me before you let the original contractor back in to "fix it." That repair attempt, if it fails, can actually complicate your case.

Contractor Defense: Defense

If you're a contractor or subcontractor facing a defect claim, you have real defenses available, and the earlier you involve an attorney, the more options you preserve.

Spearin Doctrine: If you built exactly to the owner's design specifications, you're not liable for design failures. This is bedrock construction law and it's why documenting compliance with plans throughout the project is so important. Photographs, RFIs, change orders, daily logs. If the architect's design was the problem, the architect bears the liability.

Statute of repose: Under 735 ILCS 5/13-214, construction defect claims in Illinois must be brought within 4 years of discovery, but no more than 10 years after substantial completion of the improvement. After 10 years, the claim is dead regardless of when the defect was discovered.

Notice and opportunity to cure: Most construction contracts require the owner to notify the contractor about defects and give them a chance to fix the work before filing suit. If the owner skipped this step, that's a defense.

Acceptance: If the owner inspected the work, signed off on it, and paid for it, that acceptance can constitute a waiver of known defect claims. Keep your sign-off documentation.

Betterment: The owner is entitled to what was promised in the contract, not an upgrade. If the repair specifications include materials or work that exceed the original scope, the owner shouldn't profit from the claim.

Failure to mitigate: If the owner let a known defect get worse instead of addressing it, or paid an inflated repair bill without getting competitive bids, the damages should be reduced accordingly.

I tell every contractor the same thing: your best defense is the documentation you create during the project. Daily logs, progress photos, signed change orders, written communications about scope changes. The contractors who document well almost never lose these cases.

Mechanics Liens

Construction defect disputes frequently involve mechanics liens under 770 ILCS 60. If you're a contractor who wasn't paid, a mechanics lien is one of the most powerful collection tools in Illinois law because it attaches to the property itself. If you're a homeowner facing a lien on your property from an unpaid subcontractor your GC failed to pay, you need that lien resolved before you can refinance or sell. We handle both sides of mechanics lien disputes.

Insurance in Construction Defect Claims

Construction defect cases frequently involve insurance coverage disputes. A contractor's general liability policy may cover property damage from completed work, but policies vary widely on what constitutes an "occurrence" versus expected or intended damage. Products-completed operations coverage, professional liability policies for design professionals, and builder's risk insurance all come into play depending on the parties and the defect. We coordinate with insurance carriers and coverage counsel to maximize available coverage, whether we're pursuing a claim or defending one.

FSBO: Sell Your Home Without a Realtor →

Selling without a realtor saves you 5-6% in commission. On a $400,000 home, that's $20,000-$24,000 you keep instead of paying an agent. Our flat fee handles the legal work so the transaction still has professional oversight where it matters.

What We Handle for FSBO Sellers

We draft the purchase contract and handle all negotiations with the buyer's attorney. We ensure compliance with Illinois disclosure requirements, including the Residential Real Property Disclosure, lead paint disclosures, and radon testing obligations. We examine title, clear any defects, prepare closing documents, manage the earnest money through escrow, handle post-inspection negotiations and repair credit structuring, and attend closing on your behalf. You've still got to find the buyer.

Local FSBO Guides

We've published FSBO guides for 55+ Chicagoland communities, including Naperville, Wheaton, Lisle, Arlington Heights, Tinley Park, and many more.

Partition Actions & Co-Ownership Disputes →

When unmarried couples, family members, or business partners buy property together and the relationship falls apart, Illinois law provides one mechanism to force a resolution: a partition action. The court orders the property sold and the proceeds divided. It is a blunt tool, and it is expensive for everyone involved.

What We Handle

Partition filings and defense: We file partition actions in the Chancery Division and defend against them. Whether you want to force a sale or prevent one, we handle the pleadings, lis pendens recording, accounting of contributions, and all motion practice through resolution.

Buyout negotiations: Most partition cases settle through a buyout where one party keeps the property and compensates the other. We negotiate the valuation, equity split, financing timeline, and deed transfer so both parties walk away with a clear result and no lingering obligations.

Co-ownership agreements: The cheapest way to handle a co-ownership dispute is to prevent it. We draft co-ownership agreements at closing that specify buyout rights, payment obligations, and forced-sale triggers before the relationship goes sideways.

Short Sales & Foreclosure Defense

If you're underwater on your mortgage or facing foreclosure, you have more options than your lender's loss mitigation department will volunteer.

Short Sales

A short sale lets you sell the property for less than you owe, with the lender accepting the reduced payoff instead of pursuing foreclosure. The credit impact is significantly less severe than a foreclosure, the recovery timeline is shorter, and in many cases the lender will waive the deficiency balance entirely.

We handle the complete lender negotiation: preparing the short sale package, submitting the application, negotiating approval terms, and closing the transaction. Every servicer has different requirements and processing timelines, which is why we've published lender-specific guides for Truist and Carrington.

Foreclosure Defense

Illinois foreclosure is a judicial process under 735 ILCS 5/15-1101, meaning it goes through the courts and follows a structured timeline. The typical Illinois foreclosure takes 12-18 months from filing to sale, and that entire window is time your attorney can use to pursue alternatives. We file loss mitigation applications for loan modifications, forbearance agreements, and repayment plans while the case proceeds. When the numbers don't support keeping the property, we negotiate short sales or deeds in lieu of foreclosure to minimize the damage.

LLC Formation & Investor Services →

If you own rental property in your personal name, your personal assets are one slip-and-fall lawsuit away from exposure. We form LLCs for landlords and investors and handle the legal infrastructure of your entire portfolio.

Services

LLC formation includes drafting the operating agreement, obtaining the EIN, designating a registered agent, and filing with the Illinois Secretary of State. We structure the entity to match your investment strategy, whether that's a single-member LLC per property or a holding company structure.

Rental mortgages for LLCs are harder to get than conventional loans because not every lender finances LLC-held property. We know which ones do and how to structure the application so the entity ownership doesn't kill the deal.

Due diligence for investment property goes beyond a standard title search. We investigate title, liens, zoning compliance, code violations, tenant lease status, and the financial performance of the property before you commit.

Cap rate analysis is something most attorneys can't do because they don't think in investor terms. We run the numbers on acquisition targets so you know whether a deal pencils before you sign a contract.

Portfolio legal management covers everything that comes after the purchase: lease review and drafting, tenant disputes, entity restructuring as your portfolio grows, and evictions when a tenancy goes bad.

Why Investors Need a Dedicated Attorney

A general practice attorney doesn't know what a cap rate is. A closing attorney doesn't understand subject-to financing. A corporate attorney doesn't handle evictions. We do all of it: formation, acquisition, management, and enforcement, under one roof and at flat-fee pricing for each stage.

"Very humane and landlord empathetic eviction lawyer! His answers are clear and concise."

SeyitBek U., Property Owner

Wage Garnishment & Judgment Collection

Winning an eviction judgment and actually collecting the money owed are two separate legal processes, and most landlords don't realize that until they're holding a piece of paper that says their former tenant owes $8,000 with no way to collect it.

We enforce money judgments through wage deduction orders, bank account levies, and citations to discover assets. If your former tenant is working, we garnish their wages. If they have bank accounts, we levy them. If we need to find out what assets they have, we conduct citation proceedings to force disclosure. Flat fee, same as everything else we do.

Why Choose The Chicagoland Lawyer