Real Estate Law Case Study

Real Estate Law

Introduction: A Real Client, A Real Problem

At O’Flaherty Law, we believe every case tells a story. Here’s the story of how we helped M.J., a retired schoolteacher, deal with a big problem during the sale of her home.

M.J. was excited to move into a condo and enjoy retirement. But just days before the sale was supposed to close, the buyer said there was a problem with the title of the home and wanted to cancel the deal.

This case shows how even a simple home sale can get crazy—and how we helped M.J. get back on track and protect her future.

Background: The Problem

M.J. had lived in her home for over 30 years. When she decided it was time to downsize she found a buyer and signed a contract to sell the home. Everything seemed to be going well until the buyer’s lawyer sent a message saying there was a “title issue.”

They claimed there was a problem with the land records that made the property hard to sell. They wanted to cancel the sale, get their money back and even asked M.J. to pay for their costs.

M.J. was shocked and confused. She didn’t know what the title problem was, and she had already signed papers and made plans to buy a new condo. She was afraid she’d lose both homes—and a lot of money.

Her goal was simple: she wanted the sale to go through like they had agreed and she didn’t want to go to court or pay the buyer’s expenses.

Facts

  • Client: Individual (homeowner)
  • Legal Issue: Dispute over the title issue during the home sale
  • County: DuPage County, Illinois
  • Timeframe: March 2024 – May 2024

Our Approach

When M.J. came to us, we knew we had to act fast. There wasn’t much time before the sale deadline, and we wanted to help her avoid going to court. Here’s what we did:

1. We Investigated the Title Issue

We got a copy of the title report and looked at all the paperwork. The “problem” the buyer talked about was an old easement—a legal right that a utility company had filed over 30 years ago. But it didn’t affect the house or the land anymore. We worked with a title company to show that the easement didn’t create any real problems today.

2. We Enforced M.J.’s Contract

We reviewed the sale contract and found the buyer didn’t have a good reason to cancel. We wrote a letter to the buyer’s lawyer explaining that the title was clear and M.J. would hold them to the agreement. We also told them she could keep their deposit if they walked away without good cause.

3. We Mediated

Rather than go to court, we worked to calm things down. We talked directly with the buyer’s lawyer and gave them more documents to prove there was no real issue. We offered to have the title company insure the sale so the buyer would feel more comfortable.

4. We Closed

Once we cleared up the confusion and the buyer felt better, we agreed to move forward. We got the closing back on schedule with a small delay, and everything was done within a week of the original closing date.

Why It Matters

This case shows how even a simple home sale can go sideways without the right help. M.J. did everything right but a misunderstanding almost cost her everything. With our help she was able to keep her sale, protect her future and move into retirement stress-free.

At O’Flaherty Law, we focus on:

  • Clear communication: We help clients understand their options and what’s happening
  • Custom plans: We build a legal plan that fits each client’s situation
  • Being responsive: We stay in touch and keep our clients updated every step of the way

Is Your Situation Similar?

Got a real estate problem like M.J.? Whether it’s a title issue, buyer backing out or a contract you don’t understand you don’t have to face it alone.


O’Flaherty Law can help you protect your property, your sanity, and your future.