Madison - St. Clair Record

Wednesday, August 21, 2019

Builder accused of withholding property defects seeks mediation in the case

By Heather Isringhausen Gvillo | Jun 23, 2015

A home builder seeks to dismiss a suit accusing him of failing to disclose property defects, arguing that mediation is appropriate in the case.

Kelsey L. Hubert filed the March 8 lawsuit against builder Bradley Hunziker and realtor Sharon Jones of RE/MAX Integrity Realty Center.

According to the lawsuit, Hubert claims she discovered damages after taking possession of the home built by Hunziker.

She alleges Hunziker and Jones failed “to disclose material and important information regarding the condition of the real property that was within the seller’s knowledge,” as well as “the existence of mine subsidence or other material defects in the walls, floors or structural integrity of the property.”

Hunziker and Hunziker Homes filed a motion to dismiss Counts I and II on May 18 through attorney Charles Courtney Jr. of Courtney Clark & Mejias in Belleville.

Counts I and II allege breach of contract and fraud relating to the real estate purchase.

The defendants argue “the parties are required to mediate any disputes arising out of the contract with a monetary value in excess of $5,000; further that in the event mediation is unsuccessful, the parties had agreed to binding arbitration,” the motion states.

Hubert seeks damages in excess of $200,000.

The plaintiff is represented by Blake G. Meinders of Sprague and Urban in Belleville.

Madison County Circuit Court case number 15-L-314

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