Suit for fraud, breach of contract, and violations of Consumer Fraud Act, arising from purchase of a commercial property. Court erred in dismissing case with prejudice. The "as is" provision in purchase contract is not an affirmative matter that avoids legal effect of or defeats any claims in complaint. Many provisions in contract which delineate seller's duties and warranties must be read in conjunction with the "as is" provision. Affidavits of Defendants do not address Plaintiff's allegations of relationship that may constitute enterprise liability. Record is not yet fully developed, and discovery has not commenced on these issues. Court properly denied motion for attorney fees and sanctions, as there is not yet a "prevailing party" as provided in contract; and pleadings were not frivolous. (MOORE and CHAPMAN, concurring.)
Illinois Appellate Court
Civil Court
Real Estate Contract