Illinois Appellate Court
Civil Court
Real Estate Contract
Plaintiffs sued Defendants for breach of contract, fraud, and misrepresentation based on Defendants' failure to disclose water damage in house they sold to Plaintiffs. The one-year limitations period of the Residential Real Property Disclosure Act does not govern Plaintiff's common-law actions, and does not limit Plaintiffs' ability to bring claims based on common law or other statutes. Complaint alleged that Defendants knew that there was water infiltration and water damage in or about the damaged wallboard, which satisfies pleading requirement that Plaintiffs need allege only ultimate facts, not evidentiary facts. (ZENOFF and SCHOSTOK, concurring.)