Failure to disclose Shattuc home's defects is subject of $850K suit

Kelly Holleran May 15, 2013, 7:14am

Two Illinois residents have filed suit against the people who sold them their Shattuc home, saying the sellers failed to disclose numerous defects with the house, including cracks in the basement and septic system defects.

Richard and Beverly Braun claim the sellers of their home at 407 Olmstead failed to reveal numerous defects in their home in the residential real property disclosure report, which the Brauns relied on to purchase their house.

For example, defendants Ron and Anna Adams failed to reveal cracks and bulges in the basement and foundation, did not disclose problems with the home’s septic system and failed to reveal defects in the walls and floors, according to the complaint filed May 6 in Madison County Circuit Court.

The Brauns claim they would not have purchased the home if the Adams had disclosed the truth, the suit states.

The Brauns allege common law fraud against defendants Darlene Baltzell and Maria Lauder, who were working for defendant Rod Sno Real Estate, saying they also knew of the home’s defects, but failed to reveal them.

“At all times relevant, defendants Baltzell and Lauder acted with malice and with the intent to injure plaintiffs,” the suit states.

The couple also names Michael R. Homann as a defendant, saying he failed to disclose any property defects when he inspected the property before the Brauns purchased it.

In their complaint, the Brauns are seeking a judgment of more than $350,000, compensatory damages of more than $250,000 and punitive damages of more than $250,000, plus attorney’s fees and costs.

Thomas G. Maag of Maag Law Firm in Wood River will be representing them.

Madison County Circuit Court case number: 13-L-708.

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