Kroot v. Chan

Illinois Appellate Court
Civil Court
Residential Real Property Disclosure Act
Citation
Case Number: 
2019 IL App (1st) 181392
Decision Date: 
Friday, April 5, 2019
District: 
1st Dist.
Division/County: 
Cook Co., 5th Div.
Holding: 
Affirmed in part and reversed in part.
Justice: 
HOFFMAN

Court entered order, after bench trial, awarding Plaintiffs $67,336 for attorney fees, costs, and expenses in their action alleging violation of Residential Real Property Disclosure Act. Court found Defendant liable on claim for common-law fraud, but found in favor of Defendant Lau on their claim under the Act. Thus, as a matter of law, Defendant Lau was not liable for payment of Plaintiffs' attorney fees. Although court found that Defendant Chan violated the Act, Plaintiffs failed to prove that they incurred legal fees in prosecution of their claim, and failed to introduce any competent evidence of the reasonableness of the fees they were awarded. Portion of award for attorney's fees is vacated. (ROCHFORD and LAMPKIN, concurring.)