Overview
At Burke, Warren, MacKay & Serritella, P.C., our attorneys represent real estate professionals throughout Illinois and beyond. We counsel real estate brokerage companies, their agents and related professionals on all legal and administrative issues relating to real estate brokerage and the challenges of running a brokerage business, including the following areas.
Brokerage Counseling
We advise brokers and draft office policies and procedures, disclosures, listing agreements, and related documentation to assist brokers in achieving full compliance with the complex and changing federal, state, and local regulations that govern brokerages and broker activities. Staying abreast of these ever-changing regulations is an ongoing challenge. Our attorneys can help you meet these challenges by bringing your organization into compliance and helping to remain so moving forward so that your organization and your agents avoid legal and administrative liability.
Broker Litigation
We have significant experience defending real estate brokers and agents in litigation arising from allegations of failure to disclose claims, negligence, breach of fiduciary duty, statutory violations, fraud, and other professional liability claims. With decades of experience representing real estate brokerage companies and their agents, our attorneys can help you maintain peace of mind when your brokerage company, personal assets, licensure and professional reputation are at stake.
License Defense
We also defend brokerage companies and agents in state and local disciplinary proceedings that put your professional license or certification in jeopardy because of alleged misconduct and/or ethic violations.
REALTOR® Representation
We represent REALTORS® and brokerages involved in REALTOR® Association disputes, including arbitration, mediation, and ethics complaints before REALTOR® Associations.
Brokerage Startup and Licensing Representation
We have the experience to assist startup brokerages in all aspects of forming a real estate brokerage including establishing the business structure, licensing, and drafting the forms and documents necessary to operate a successful brokerage.
Establishing or buying a real estate brokerage involves unique licensing and compliance issues. Recognizing it is different than a standard business startup, our attorneys have experience in broker and license law and strong backgrounds in business formation and real estate transactions, making us uniquely qualified in representing real estate brokers.
In addition to the critical startup phase, we offer ongoing compliance counsel and litigation services to assist brokers going forward.
Brokerage Mergers & Acquisitions
We are adept in addressing business and regulatory issues that are unique to acquiring real estate brokerage companies. Our attorneys can guide you through the process of developing the appropriate corporate structure to assisting with licensing requirements and all steps in between.
Commercial Broker Liens and Commissions
A commercial broker lien is one way to protect your commission in a commercial transaction. We can advise when a commercial broker lien is appropriate and can help you meet the technical requirements for preparing and filing a lien claim. We understand the relevant statutes and case law regarding broker liens on the sale or lease of commercial property.
