Mudge to hold pre-trial in couple's suit over flood damaged home

Amelia Flood Apr. 7, 2011, 7:55am


Madison County Circuit Judge William Mudge is set to hold a pre-trial conference Friday in a suit brought by a couple who claims they were deceived about flood damage to a property they bought in Collinsville.

Plaintiffs Donald and Vickie Wilson are seeking damages in excess of $60,000 in lost rent, attorney's fees, costs and other relief.

The Wilsons are suing Donald and Peggy Shank, and Terry Allan doing business as Allan Auction Service.

The pre-trial is set for 9 a.m. and a non-jury trial is set for May 23 in the case.

The plaintiffs claim that after buying a property from the Shanks in April 2009, they became aware that the property was prone to flooding and had been damaged by past floods.

The property as sold through Allan Auction Service.

The plaintiffs contend that they had purchased the property in order to rent it but because of the flooding issues, they were unable to do so.

They claim that the defendants knew about the issues but did not disclose them.

They are suing on claims of misrepresentation, violation of the residential real property
disclosure act, violation of the Auction License Act, and fraud.

The auction service denies the claims and cites part of the Sale of Realty form attached to the plaintiffs' complaint that shows the property was "Sold 'as is,' no warranty given or implied."

The Shanks also deny the claims. They have also moved to dismiss the suit on the basis of the "Sold 'as is,' no warranty given or implied," statements and what they claim is the plaintiffs' failure to plead the needed facts to support their claims.

The Shanks filed a counterclaim against Allan Auction Service March 30.

That counterclaim alleges that they retained the auction service to sell the Collinsville property on the understanding that the auction service would conduct the sale in compliance will applicable state and local laws.

The Shanks claim that they had no knowledge of the requirements for the conduct of such a sale including the need to provide a Residential Disclosure form.

They ask that if they are held liable by any judgment that a percentage of that liability be attributed to the auction service.

Alicia Downs represents the Wilsons.

H. Carl Runge Jr. represents Allan Auction Service.

William Berry represents the Shanks.

The case is Madison case number 10-L-033.

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