Illinois Real Estate Attorneys


Illinois Real Estate Attorneys

What Is A Illinois Real Estate Attorney?

Illinois real estate attorneys are attorneys that specializes in IL real estate law.

They may offer legal advice for transactions involving the following:

  • buying real estate in Illinois
  • selling real estate in Illinois
  • leasing real estate in Illinois
  • renting real estate in Illinois
  • property closings in Illinois
  • property tax appeals in Illinois
  • property zoning in Illinois


They may also offer services such as dispute resolution. These types of disputes may arise due to conflicted opinions of property boundaries or contractual disputes between the buyer and seller of real property.

A Illinois real estate lawyer, along with a Illinois real estate agent, can guide you through the process of buying and selling a home or commercial property in Illinois.

A home or even raw land can be a significant investment in Illinois and having the proper legal advice will make this real estate transaction go smoothly.

When Should You Get A Real Estate Attorney In Illinois?

It is recommended that any time you buy, sell, or transfer property in Illinois that you have qualified Illinois real estate attorneys represent you during the real estate transaction and closing.

Do I Need An Attorney To Lease My Property In Illinois?

It is recommended that you have a Illinois real estate attorney provide you with proper leasing or rental contracts. Especially if you intend to lease or rent property in IL. A properly drafted lease or rental agreement in IL can safeguard and provide to you monetary compensation from physical damage to property.

Is There A Difference Between Leasing And Renting Property In Illinois?

Simply stated a lease is normally used for long term contracts for those whom may wish to stay in the property for a matter of multiple months or years. Rentals are normally for shorter periods of times such as a few weeks to a month or two.

You may think of it as the difference between renting an apartment for a year as opposed to renting a vacation home for a short amount of time.

Do You Need A Real Estate Attorney To Buy A Home In Illinois?

Illinois law does not require you to hire Illinois real estate attorneys to buy a home. However, with that being stated, having an attorney representing you throughout the home closing process is to your best interest.

Illinois Is A Disclosure State.

Illinois state law requires all sellers of property to disclose to potential buyers any and all material facts that may affect the buyer’s use and enjoyment of the property.

Having a IL attorney represent you at closing may be the difference between buying that 5 acres of pristine land and buying that 5 acres of land that in the past was used as a auto salvage yard and is heavily contaminated with oil and other dangerous substances.

How Much Do Illinois Real Estate Attorneys Charge?

This fee may be dependent upon the cost of the property and how your chosen IL attorney bills for services. This fee may also differ depending on if the property is commercial property or residential property.

Two of the most common real estate fee schedules in Illinois are as follows:

  • An hourly fee : This fee is going to be based on your location and the experience of the attorney.
  • A set fee : This fee is going to be based on the value of the property being purchased. It is normally derived as a percentage of the sells price.

Who Does A Illinois Real Estate Attorney Represent?

Illinois real estate attorneys may represent either the buyer or the seller.

As a buyer the attorney will review all the documents pertaining to the sell. Being sure that the buyer is receiving what they are paying for clear of all liens or encumbrances.

This is normally accomplished by doing a title search to be sure the seller is the actual owner of the property and has the legal right to sell the property.

As a seller the real estate attorney can help you by reviewing you sells documents and assuring that the financial obligations of the buyer are fulfilled at closing.

When a home mortgage is involved there may be several different attorneys involved in the property closing. One may be representing the mortgage lender, one the seller, and one for the buyer. As you can see real estate transactions can at times be complicated.

Title Insurance In IL.

Some Illinois real estate attorneys may recommend that you purchase title insurance in IL on a given piece of property. Title insurance in required for real estate that is secured by a mortgage.

Title insurance is basically an insurance policy that may pay you the value of the property if years down the road it is found that the seller did not have good title to the land. More information about title insurance in Illinois can be found here.

Who Pays For Title Insurance In Illinois?

Title insurance may be a cost to the buyer or seller depending upon the stipulations in your sales agreement.

What Is A Illinois Property Sales Agreement?

The sales agreement or contract lays out the obligations of all parties involved in the real estate transaction.

Who Pays The Closing Cost For A Real Estate Transaction In Illinois?

Closing cost may be paid by the buyer, the seller, or a combination of both depending upon the sales agreement. Typically closing cost are broken down into two categories, the buyers and the sellers.

Buyers Closing Cost In Illinois :

Home inspection
Underwriting fees
Title/Deed recording fees
Title search fees
Title insurance
Appraisal fee
Origination fee
Escrow fee
Credit report fee
Attorney fee

Sellers Closing Cost In Illinois :

Transfer fees
Recording fees
Escrow fees
Mortgage fees
Title Insurance
Property taxes
Utility bills
HOA fees

As you can see from above there are a variety of fees that may be involved with your Illinois real estate transaction. However, with that being stated all of the fees above may not apply to your particular situation. When paying with cash instead of receiving a home loan the fees are less expensive.

How Do I Find A Good Illinois Real Estate Attorney?

Finding good Illinois real estate attorneys is not as hard as one may think. You can start right here on this site. If one is not available then reach out to your circle of friends, family members or business acquaintances. If your working with a Illinois real estate agent you may wish to ask them if they have any recommendations.