The buyers of what they thought was 3.5 acres in O'Fallon are suing the sellers after learning that what they bought was really just 1.99 acres.
According to a lawsuit filed April 30 in St. Clair County Circuit Court, D. Michael and Sherry Gibson filed a complaint against Glen E. Dempcy, as trustee of the living trust of Glen E. Dempcy, Glen Dempcy, as successor trustee of the Judith K. Dempsey living trust, Glen E. Dempcy and Judy Dempcy Homes.
The suit states that the defendants owned a property at 1638 Mary Todd Lane in O'Fallon, with Glen E. Dempcy, a realtor, serving as trustee of the two trusts, as well as the owner of Judy Dempcy Homes. The defendant Dempcy runs a local real estate agency. The property was advertised as encompassing 3.5 acres.
On March 14, 2014, the plaintiffs bought the property from Dempcy for $390,000, with the contract stating 3.5 acres, the complaint states.
After closing, however, a survey was performed and the plaintiffs allegedly discovered that their new property was only 1.99 acres.
The plaintiffs, alleging violations of the Residential Real Property Disclosure Act and Consumer Fraud Act, seek recovery of actual damages of $34,000, punitive damages in excess of $50,000, attorney's fees and court costs. The plaintiff is represented by attorney Laura E. Schrick in Belleville.
St. Clair County Circuit Court case number 15-L-259