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Naperville Real Estate Attorneys | Real Estate Lawyers, Naperville IL

Naperville Real Estate Attorneys | Real Estate Lawyers, Naperville IL

At O'Flaherty Law, our dedicated Naperville real estate attorneys and staff understand the importance of having your home sale or purchase go smoothly. We are committed to giving you the attention that you deserve; communicating with you, your realtor, and your lender at every stage of the transaction; and bringing our experience to bear to get your deal done! We are experienced, efficient, and client-focused. We treat every real estate transaction as an opportunity to "wow" our clients with our above-and-beyond service in order to build a long-term relationship that goes beyond the deal at hand. We look forward to helping you and your family with the next step in your life!

At O'Flaherty Law, our dedicated Naperville real estate attorneys and staff understand the importance of having your home sale or purchase go smoothly. We are committed to giving you the attention that you deserve; communicating with you, your realtor, and your lender at every stage of the transaction; and bringing our experience to bear to get your deal done! We are experienced, efficient, and client-focused. We treat every real estate transaction as an opportunity to "wow" our clients with our above-and-beyond service in order to build a long-term relationship that goes beyond the deal at hand. We look forward to helping you and your family with the next step in your life!

Your Community Law Firm

Why O'Flaherty Law for My

Real Estate

Matter?

In this video, Naperville real estate lawyer Kevin O'Flaherty describes why O'Flaherty Law is the best choice for your real rstate matter.

  • We Get the Job Done!  We understand how important the sale or purchase of your home is to you and your family.  Our skilled Naperville real estate attorneys and friendly staff are dedicated to going above-and-beyond to overcome any obstacles that may arise before closing.  Our mission is to make your real estate deal go as smoothly as possible, and do whatever it takes to get the job done.  
  • Take Advantage of Our Network!  Getting you and your family into your new home is a team effort.  Our Naperville real estate attorneys will connect you with the resources you need to get your new life started.  We can put you in touch with amazing realtors, lenders, contractors, home inspectors and everything else you need.  You can be sure that any referral you receive from us will provide you with the same above-and-beyond service that you expect from our firm, because our business associates are not only accountable to you, they are accountable to us as well. 
  • Establish a Lifelong Relationship!  Many real estate firms are really sole practitioners who only practice real estate law.  At O'Flaherty Law, we have dedicated Naperville real estate attorneys.  However, we also have a team of attorneys with experience in nearly every area of law, including estate planning, business representation, and probate.  We look at our real estate practice as an opportunity to build a life-long relationship with our clients.  If we amaze you with our service for your home closing, you know that you will never have to look for another attorney again, because you can count on the same excellent service with respect to any other legal needs you may have down the road. 

Some of Our Accomplishments

Schedule a Free Consultation With Our

Naperville Real Estate Attorneys

naperville residential real estate attorney

What to Expect From a Consultation

The purpose of a free consultation is to determine whether our firm is a good fit for your legal needs. Although we often discuss expected results and costs, our attorneys do not give legal advice unless and until you choose to retain us. Although most consultations are complimentary, some may carry a charge depending on the type of matter and meeting location.

Please contact our friendly

Naperville Real Estate Attorneys

at our nearest location to schedule a free consultation:

O'Flaherty Law of Naperville

105 Jackson Avenue, Ste. 4b
Naperville
,
IL
60540
Get Directions

See below for our other locations. If our office locations are not convenient for you, we are happy to speak with you by phone.  ​​​

Hours: 9 am - 5 pm Mon - Fri

Our  Office Locations: 

Downers Grove Attorneys, Downers Grove Attorney, Downers Grove Lawyer, Downers Grove Lawyers

Downers Grove

5002 Main St, Ste. 201 Downers Grove, IL 60515

Naperville Attorney, Naperville Attorneys, Naperville Lawyers, Naperville Lawyer

Naperville

105 Jackson Avenue, Ste. 4b Naperville, IL 60540

Elmhurst Lawyer, Elmhurst Lawyers, Elmhurst Attorneys, Elmhurst Attorney

Elmhurst

​110 E. Schiller Street, Ste. 220B ​Elmhurst, IL 60126

Lake in the Hills Attorneys, Lake in the Hills Attorney, Lake in the Hills Lawyer, Lake in the Hills Lawyers

Lake in the Hills

8411 Pyott Road, Ste. 107, ​Lake in the Hills, IL 60156

Tinley Park Attorney, Tinley Park Attorneys, Tinley Park Lawyer, Tinley Park Lawyers

Tinley Park

​16557 Oak Park Avenue, Ste. B, Tinley Park, IL 60477

St. Charles Attorneys, St. Charles Lawyers, St. Charles Attorney, St. Lawyer

St. Charles

210 S Fifth St, Ste. 107B, St. Charles, IL 60174

naperville residential real estate lawyer

Meet Our Owner

Kevin O'Flaherty oversees all legal matters and is actively involved in making sure every client's case, big or small, is handled with excellence and attention to detail. He is available to contact through phone and email and his rates are available upon request.

Here's What Our Clients Have to Say:

John Paul Clancy
Says...

"Kevin and his firm, O'Flaherty Law, are friendly, efficient, knowledgeable and professional. Kevin is a master at bringing people together and sharing ideas."

Kevin Sender
Says...

"Kevin O'Flaherty and his team at O'Flaherty Law are among the friendliest and easiest to work with attorneys I've dealt with. I would suggest them to any friends or business associates."

Kevin O'Flaherty was instrumental during the purchase process of my new house. I highly recommend him and the entire firm!

An excellent client experience, I recommend O'Flaherty Law to all of my clients that have a need for consultation in family law.

DuPage Family Law AttorneyDowners Grove Estate Planning Attorney
John Paul Clancy
Says...
"Kevin and his firm, O'Flaherty Law, are friendly, efficient, knowledgeable and professional. Kevin is a master at bringing people together and sharing ideas."
DuPage Family Law AttorneyDowners Grove Estate Planning Attorney
Kevin Sender
Says...
"Kevin O'Flaherty and his team at O'Flaherty Law are among the friendliest and easiest to work with attorneys I've dealt with. I would suggest them to any friends or business associates."
DuPage Family Law AttorneyDowners Grove Estate Planning Attorney
Mike Stehlik
Says...
"Kevin and his team are my "Go To" resource for clients that need estate planning"
Kevin Koc
Says...
Kevin O'Flaherty was instrumental during the purchase process of my new house. I highly recommend him and the entire firm!
Stephen Petersen
Says...
An excellent client experience, I recommend O'Flaherty Law to all of my clients that have a need for consultation in family law.
Troy Golden
Says...
Kevin is an excellent attorney. He helped me incorporate by business and provides legal counsel as need. I highly recommend him.

Click here for Videos, Podcasts, and Articles by our Naperville Real Estate Lawyers

home sale lawyer naperville illinois

Or Continue Scrolling Below to Browse some of our Most Helpful Articles

Commercial Tenants' Rights to an Audit of Common Area Maintenance Charges

In many commercial leases, tenants are required to pay a share of taxes, utilities, and common area maintenance charges ("CAM").  The tenant's share will typically be proportional to the amount of space leased by the tenant relative to the total rentable space of the building.  This "additional rent" will fluctuate from year to year.  It is not uncommon for landlords to overcharge their tenants for CAM.   This is referred to as Common Area Maintenance Fraud.

‍If the tenant believes this is occurring, their best option is to audit the Landlord's expenses to ensure that all of the CAM paid by tenants is going toward actual expenses and that those expenses are for vendors and market value, rather than inflated prices.  

However, unless the lease provides a right to an audit, the landlord is not required to allow one.  In this case, the best option for the tenant is to rely on the implied covenant of good faith and fair dealing in the lease, or the fiduciary duty of the landlord (in the case where the Tenant prepays CAM before expenses are calculated) to obtain an accounting for expenses.  However, in the absence of a right to audit in the lease, the landlord may provide evidence of its expenses by any reasonable manner that it selects.  This means that the landlord can provide a simple list of its expenses, and the tenant will not be permitted to investigate further.  

Therefore, in order to protect yourself against common area maintenance fraud, it is important that your commercial lease include a right to audit the landlord's records.  ​

Read More
attorney for selling your house naperville il

In many commercial leases, tenants are required to pay a share of taxes, utilities, and common area maintenance charges ("CAM").  The tenant's share will typically be proportional to the amount of space leased by the tenant relative to the total rentable space of the building.  This "additional rent" will fluctuate from year to year.  It is not uncommon for landlords to overcharge their tenants for CAM.   This is referred to as Common Area Maintenance Fraud.

‍If the tenant believes this is occurring, their best option is to audit the Landlord's expenses to ensure that all of the CAM paid by tenants is going toward actual expenses and that those expenses are for vendors and market value, rather than inflated prices.  

However, unless the lease provides a right to an audit, the landlord is not required to allow one.  In this case, the best option for the tenant is to rely on the implied covenant of good faith and fair dealing in the lease, or the fiduciary duty of the landlord (in the case where the Tenant prepays CAM before expenses are calculated) to obtain an accounting for expenses.  However, in the absence of a right to audit in the lease, the landlord may provide evidence of its expenses by any reasonable manner that it selects.  This means that the landlord can provide a simple list of its expenses, and the tenant will not be permitted to investigate further.  

Therefore, in order to protect yourself against common area maintenance fraud, it is important that your commercial lease include a right to audit the landlord's records.  ​

Read More

What Do Our Naperville Real Estate Attorneys Do In The Process Of Buying Or Selling A Home?

naperville real estate lawyer

Naperville real estate attorney Kevin O'Flaherty discusses reasons to hire an attorney for your real estate matter.

naperville real estate lawyer

In this article, our Naperville real estate attorneys explain the  top five reasons to hire an attorney for residential real estate purchases or sales, including:

  1. Potentially saving money on the transaction;
  2. Decreasing the likelihood that the deal will fall through;
  3. Decreasing the likelihood of disputes after closing;
  4. Saving you time; and
  5. Ensuring a clean transfer of title from the buyer to the seller.

Read more from our Naperville real estate lawyers on reasons to hire a residential real estate attorney.

Attorney Modification of Real Estate Contracts Explained

In this article, our Naperville real estate lawyers explain why it makes sense to hire an attorney for your residential real estate purchase or sale. The first step in a real estate transaction is for your realtor to prepare a form contract for the purchase or sale and submit it to the other party.  Once the contract has been executed by both the seller and the buyer, the realtors will send the contract to each party's attorney for review.  

Attorneys for each side will typically have 5 business days from the date the contract is executed to approve, reject, or propose modifications to the contract.  

‍When our Naperville real estate attorneys receive a contract from your realtor, our first step is to go over your contract with you in detail to make sure you completely understand what you are agreeing to, and determine whether any modifications are required.  

The next step is for us to send a letter to the attorney on the other side including our proposed modifications, and requesting that the five-day attorney modification period be extended until both the home inspection has been conducted and until the parties come to an agreement on modifications. 

If you are the buyer, once the home inspection is completed, we will review the home inspector's report with you and advise you on how to deal with any issues that your home inspector found with the home.  We will then send a letter to the seller's attorney requesting that the specific problems with the home be either repaired prior to closing (with receipts provided) or that cash or closing credits be added to the deal to compensate you for the cost of your own repairs to the property.  

Once both sides are in agreement as to any modifications that need to be made, we will draft an addendum to the contract listing all of the modifications, and provide the addendum to you, your lender, and your realtor. 

Between the date that a final contract is agreed upon and the closing, the seller's attorney will work to prepare all necessary closing documents and obtain title insurance to ensure that the party selling the property has the full title to the property.  The buyer's attorney will work with the lender to make sure that financing is properly obtained, and communicate with everyone involved in the transaction to make sure that closing happens on time and goes smoothly. 

‍At closing, the seller's attorney will provide the title company with the closing documents and the buyer's attorney will review the closing figures for accuracy and explain the closing and loan documents to the buyer in detail, while working to resolve any issues with the documents that may impede the closing.  

Our Naperville real estate lawyers have the skill and experience to ensure that every stage of this process goes smoothly and that your interests are protected. 

Read the full article by our Naperville real estate lawyers explaining the attorney modification process of residential real estate contracts in Illinois.

Naperville real estate lawyer Kevin O'Flaherty explains the attorney modification process for residential real estate contracts.

real estate attorney naperville illinois

In this article, our Naperville real estate lawyers explain why it makes sense to hire an attorney for your residential real estate purchase or sale. The first step in a real estate transaction is for your realtor to prepare a form contract for the purchase or sale and submit it to the other party.  Once the contract has been executed by both the seller and the buyer, the realtors will send the contract to each party's attorney for review.  

Attorneys for each side will typically have 5 business days from the date the contract is executed to approve, reject, or propose modifications to the contract.  

‍When our Naperville real estate attorneys receive a contract from your realtor, our first step is to go over your contract with you in detail to make sure you completely understand what you are agreeing to, and determine whether any modifications are required.  

The next step is for us to send a letter to the attorney on the other side including our proposed modifications, and requesting that the five-day attorney modification period be extended until both the home inspection has been conducted and until the parties come to an agreement on modifications. 

If you are the buyer, once the home inspection is completed, we will review the home inspector's report with you and advise you on how to deal with any issues that your home inspector found with the home.  We will then send a letter to the seller's attorney requesting that the specific problems with the home be either repaired prior to closing (with receipts provided) or that cash or closing credits be added to the deal to compensate you for the cost of your own repairs to the property.  

Once both sides are in agreement as to any modifications that need to be made, we will draft an addendum to the contract listing all of the modifications, and provide the addendum to you, your lender, and your realtor. 

Between the date that a final contract is agreed upon and the closing, the seller's attorney will work to prepare all necessary closing documents and obtain title insurance to ensure that the party selling the property has the full title to the property.  The buyer's attorney will work with the lender to make sure that financing is properly obtained, and communicate with everyone involved in the transaction to make sure that closing happens on time and goes smoothly. 

‍At closing, the seller's attorney will provide the title company with the closing documents and the buyer's attorney will review the closing figures for accuracy and explain the closing and loan documents to the buyer in detail, while working to resolve any issues with the documents that may impede the closing.  

Our Naperville real estate lawyers have the skill and experience to ensure that every stage of this process goes smoothly and that your interests are protected. 

Read the full article by our Naperville real estate lawyers explaining the attorney modification process of residential real estate contracts in Illinois.

What Do Naperville Real Estate Lawyers do to Take Your Case From Contract to Closing?

Naperville real estate attorney Kevin O'Flaherty of O'Flaherty Law discusses common disputes between condominium owners and condominium associations, condominium boards, and individual members of condominium boards in Illinois. We will provide an overview of the primary sources of litigation between condominium owners and condominium associations, as well as an explanation of how such litigation is typically handled according to Illinois law.

naperville real estate lawyer
real estate lawyer naperville il

In this article, our Naperville real estate attorneys explain the steps that real estate lawyers follow to take your matter from contract to closing, including providing required disclosures to the buyer, obtaining a title commitment from the title company, ordering a survey, obtaining a payoff letter from existing mortgage holders, and calculating tax prorations.

Read the full article by our Naperville real estate lawyers explaining what happens in a real estate transaction between contract and closing.

Further Reading from our

Naperville Real Estate Attorneys