Messerly v. Boehmke

Illinois Appellate Court
Civil Court
Real Estate
Citation
Case Number: 
2014 IL App (4th) 130397
Decision Date: 
Tuesday, March 11, 2014
District: 
4th Dist.
Division/County: 
Macoupin Co.
Holding: 
Reversed.
Justice: 
KNECHT
Purchasers sued sellers alleging violation of Residential Real Property Disclosure Act in failing to disclose material defects in home's foundation and plumbing system. Buyers did not waive their right to recovery based on their acceptance of an incomplete Disclosure form from sellers. Buyers presented evidence raising question of fact as to seller's knowledge at closing of a material defect in plumbing system, and as to foundation defects.(TURNER and STEIGMANN, concurring.)