Couple sues over home defects

Steve Gonzalez Oct. 30, 2008, 9:39am

A local lawyer and his wife have filed suit, alleging the former owner of a residence they purchased failed to disclose defects in the home.

East Alton attorney Robert Gregory and his wife Roxanne allege they purchased a residence at 515 South Hibbard Street in Stanton from Dean Lake.

According to the complaint filed Oct. 20, the Gregorys purchased the home for their son to be utilized as a primary residence for him and his family.

The Gregorys claim three days after closing on the property on Aug. 7, their son experienced significant plumbing problems and sewage backup into the premises.

They claim on July 2, they were provided with a Residential Real Property Disclosure Report signed by Lake that represented he was not aware of "any material defects in the plumbing system."

Represented by Edward Unsell of East Alton, the Gregorys allege the plumber hired to resolve the sewage backup, was the same plumber used by Lake on numerous occasions prior and during the time the house was listed for sale.

"The plumber told plaintiffs he has advised defendant he was certain there was a material defect in the sewer lines from the residence to the sewer lateral all the way to its connection with the main line, and recommended a camera inspection to determine the extent of the problem, but defendant declined and refused the recommendation made by the plumber and did not disclose this material defect in the Residential Real Property Disclosure Report provided to plaintiffs," the complaint states.

The Gregorys allege Lake's failure to disclose the material defect constitutes a violation of the Illinois Residential Real Property Disclosure Act.

The Gregorys claim that have incurred and will in the future incur significant expenses in endeavoring to correct the defect which was well known to Lake

They are seeking a judgment in excess of $10,000, but less than $50,000.

The case is awaiting mandatory arbitration.

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