Edson v. Fogarty

Defendant, a real estate broker, listed space in condominium building as a nonexistent zoning designation, supposedly commercial, and told Plaintiff that space could host a grocery store. After Plaintiff purchased the space, he learned it had been zoned residential. Court erred in granting summary judgment for Defendant on Consumer Fraud Act and Real Estate License Act claims, as those claims do not require proof of reliance. Court erred in granting summary judgment on negligent misrepresentation and common law fraud claims, as Defendant made material misrepresentations of fact, and not of law. Plaintiff may ask the trial court to reconsider its interlocutory order barring his damages evidence. (LAVIN and PUCINSKI, concurring.)