Motion to Dismiss granted, victory secured on behalf of Chicago developer

Our client, the Developer and Seller of a newly constructed Chicago condominium unit, was sued by a Buyer alleging breach of contract and breach of the implied warranty of habitability based on claims of alleged water intrusion, sewage odors, and bug intrusion following closing.

Tenenbaum Law Group represented the Developer not only in this litigation, but throughout the underlying real estate transaction, including the drafting and negotiation of the purchase agreement and additional documents that ultimately formed the basis of our defense. We filed a Motion to Dismiss on behalf of our client, arguing, among other matters, that the buyer's own closing documents directly defeated her claims. The Court granted our Motion to Dismiss, dismissing both counts. This result reflects exactly how well-drafted contractual documents protect developers when disputes arise. When buyers sign closing documents, those documents mean something. The Court upheld that principle here.