The process of buying or selling real estate can be confusing and overwhelming. Whether you are buying or selling a residential or commercial property, there is a large amount of paperwork and negotiating involved. To make this process easier, it is best to hire an experienced real estate attorney to guide you through the process and ensure a successful closing. In the case of a rented property, disputes between landlords and tenants can be quickly and effectively resolved with the assistance of a knowledgeable attorney. At Kaiser, Shepherd & Nakon, P.C. in Wauconda, IL, we will provide you with the legal services you need to achieve a successful outcome.
Guiding You Through Your Real Estate Transaction
Buying or Selling a Home
If you are purchasing or selling a home, we can help you throughout the entire process. We review and negotiate the contract, work with you on title matters, obtain association documents, and organize the property survey and well & septic tests, as applicable. We also monitor contingencies, complete title reviews, and we coordinate and attend the closing to review the closing figures, title, lender documents, and to transfer documents with the client. This ensures that the process runs smoothly so that you can have a successful closing and peace of mind to enjoy your new home.
Should I have a home inspection?
Answer: If you are buying a home, you should have an inspection by a licensed home inspector. That person will go through the home with you (which takes about 3 hours on the average home) and they will point out defects or potential defects and even give you an idea about things that may need to be replaced. You can then ask to have items fixed, replaced or even ask for a credit. With this information you can go confidently into your purchase.
Buying or Selling a Commercial Property
If you are purchasing or selling a commercial property, there are many additional matters to consider, such as, zoning and land use, ALTA surveys, due diligence and environmental studies, reviewing existing leases, commercial loan documentation, lease and service contract assignments and title insurance coverages and endorsements. We have the experience necessary to navigate these additional considerations, and to protect the interests of our clients throughout the negotiation and closing of a commercial real estate transaction.
Buying or Selling a Business
Our attorneys work closely with clients buying or selling a business. We assist with the preparation and negotiation of asset purchase agreements and stock purchase agreements, ordering payoffs, and complying with State notice requirements. With our services, you can rest assured that the transaction will be completed correctly so that you can move forward.
Problem with a Tenant or Landlord
If you are a landlord and are experiencing issues with your tenant, we can help. Whether they are not paying rent on time or are not complying with the terms of the lease, we will represent you. If you are a tenant and your landlord is being unreasonable, we can provide you with the services you need to reach a resolution. We also prepare, review and negotiate leases for residential, office and industrial applications.
Can I evict a residential tenant?
Pursuant to 85 FR 55292, the Center for Disease Control (CDC) has ordered that a landlord of a residential housing unit may not evict a tenant. While a landlord may file suit to evict a tenant and a court may provide a date for the change of possession, the tenant does not have to leave the property and the Sheriff will not conduct an eviction. This Order is in place until December 31, 2020.
There is a possibility this Rule will be extended. Be aware that there is a backlog of evictions going back to March of 2020. Once evictions are allowed, the backlog will need to be cleared first resulting in a tenant remaining in the property for a long time without paying rent. Note that the CDC order does not relieve the tenant of having to pay the back rent at some point in the future.
Zoning and Land Use
Our attorneys have experience in zoning and land use matters in various local municipalities and in Lake and McHenry Counties. Perhaps you need a zoning change or a variance, or a conditional use permit. We represent you in drafting the documents you need along with attending village meetings to assist you with the zoning or land use change.