Plaintiffs, prospective purchasers, filed suit for breach of contract and common law fraud for failed residential real estate transaction.Wife had executed, but never recorded, quitclaim deed adding her spouse as owner of property. Husband refused to sign contract unless Plaintiffs agreed to a higher price and on a later closing date. Closing did not occur. Grantor of real estate need not have title when contract is made. Wife thus breached her obligation to provide good and merchantable title by recordable warranty deed. Court entered judgment against wife in breach-of-contract claim, as she was bound by the contract. Court entered judgment for Sellers on fraud claim. Court properly denied Sellers' petition for attorney fees, as Sellers failed to provide a record sufficient to support their claim. Court properly entered judgment for Plaintiffs for attorney fees and costs. (ZENOFF and HUDSON, concurring.)
Illinois Appellate Court
Civil Court
Real Estate