Plaintiff entered into contract to purchase home of Defendants, who delivered a residential real property disclosure report that stated that they were unaware of any leaks or material defects in roof, ceilings, or chimney. Home inspection showed issues with roof, and parties executed a repair addendum. Plaintiff noticed roof was leaking when she moved into home 1 month later. Fee-shifting provision in contract, that court "may" award attorney's fees, means court had discretion as to awarding attorney fees. Court did not abuse its discretion in denying Plaintiff's request for attorney fees, as Plaintiff did not succeed on 2 of her 3 claims. Award of attorney fees under Residential Real Property Disclosure Act is discretionary. Court did not abuse its discretion in denying Defendants' request for attorney fees under the Act, as record is devoid of indication Plaintiff engaged in knowing misconduct.(APPLETON and STEIGMANN, concurring.)
Illinois Appellate Court
Civil Court
Residential Real Property Disclosure Act