Carol Ostrow Jul. 7, 2015, 10:28am


A Madison County couple has filed a lawsuit against a firm regarding a flawed 2009 property transaction, alleging negligent misrepresentation

Mark A. Fuesting and Judy A. Fuesting filed a lawsuit June 17 in Madison County Circuit Court against Joyce Tebbe and Donald W. Brown Inc. d/b/a Coldwell Banker Brown Realtors, alleging breach of fiduciary duty in a real property transaction in October of 2009.

According to the filing, the Fuestings hired Tebbe as their real estate agent in October 2009. The suit states that when Tebbe informed the plaintiffs of property for sale at 35A Colonial Drive in Highland, they were reluctant; but when she offered to include a three-year buyback provision, they accepted, entering into a contract to purchase the house on Oct. 5, 2009, with settlement Nov. 6.

The suit states that the couple attempted to invoke the buyback provision in early 2013, filing suit against the sellers to enforce it and sell back the property for the sum of $108,000; and that Madison County found the language of the provision to be ambiguous on Feb. 5, 2015.

Tebbe was found in breach of duty by drafting a vague document, failing to consult with an attorney, and instruct and properly inform the plaintiffs of their rights and responsibilities. The Fuestings were unable to enforce the buyback agreement. Additionally, Tebbe was a co-worker of one of the sellers.

Alleging consumer fraud, the plaintiffs seek judgment in excess of $50,000 plus attorneys’ fees and costs. They are represented by Randall P. Steele of Steele Law Offices in Glen Carbon.

Madison County Circuit Court case number 15-L-766

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