Kroot v. Chan

(Modified upon denial of petition for rehearing 9/15/17.) Court properly entered summary judgment against Defendants for violation of Residential Real Property Disclosure Act and common law fraud. In their Real Property Disclosure Report, Defendants claimed no knowledge of flooding or recurrent leakage problems in basement or defects in walls and floors. Plaintiffs alleged that within 24 hours of purchasing property, they experienced water infiltration in basement through walls and floors. Evidence was sufficient to satisfy each elements necessary to recover damages under the Act and under claim for common-law fraud, and findings were not against manifest weight of evidence. Remanded for evidentiary hearing on plaintiffs' petition for attorney's fees, as attachment of invoice is inadequate basis for finding of reasonableness. (ROCHFORD and DELORT, concurring.)