Edward T. McCarthy & Associates
Glen Carbon Lawyers Handling Disclosure Disputes
Another aspect of real estate law that we at Edward T. McCarthy & Associates handle is disclosure disputes. This area of our practice involves a specific disclosure document that is to be accurately filled out by the seller of a piece of residential real estate. This document details any problems that may exist on the property, and must be signed off as truthful by the seller. Unfortunately many buyers discover that the disclosure was inaccurate or false, leaving them with property issues that they did not willingly accept. Conversely, many sellers feel they are charged with defects of which they had no knowledge.
Our firm has decades of experience handling a wide variety of real estate matters, including those pertaining to the Illinois Residential Real Estate Disclosure Act or related fraud matters arising out of a real estate transaction. We are fluent in the language of the document and can effectively explain to our clients, buyers and sellers, the types of options they have if they have received an inaccurate disclosure or are being accused of falsifying a disclosure. Contact a lawyer at our firm today to schedule an appointment.
Buyers' Rights
In transactions involving the purchase of residential real estate, the buyers have a right to rely on the accuracy of the disclosure. Even if they have an inspector review the property, they are able to legally hold the sellers to the information listed on the disclosure form. If their sellers are shown to be wrong, there is a separate litigation claim that can be made about the failure to disclose and the conduct of the parties.
In situations where a lawsuit is filed, it should be noted that it is possible for buyers to recover attorneys' fees if it is shown that the sellers have indeed submitted an inaccurate report.
Seller Representation
We also defend sellers who are being accused of submitting false disclosure forms or the failure to disclose defects, leading to lawsuits being filed against them by the buyers of their property.
Strict Time Limitations
It is important to note that there are time limitation on when your lawsuit must be filed challenging a disclosure form. Get in touch with our firm as soon as possible to discuss the timelines upon which lawsuits must be filed in order for you to protect yourself as a buyer.
Other Theories of Liability
Other claims of fraud or concealment may be made under Illinois law, but the specific facts of the client's case require in-depth analysis by one of our attorneys.
To learn more about how we handle disputes involving the Illinois Residential Real Estate Disclosure, construction defects or the failure to disclose defects, contact a member of our firm today and schedule an initial consultation. Time is of the essence in these matters.
Edward T. McCarthy & Associates
Business Address:
3 Ginger Creek Parkway
Glen Carbon, IL 62034
Mailing Address:
PO Box 276
Edwardsville, IL 62025
Toll Free: (888) 847-9322
Tel: (618) 307-4099
Fax: (618) 656-2840
Email