Two Madison County residents who recently purchased a home say the house's previous owners failed to inform them of mold in the basement and of a cracked foundation wall.
Although home sellers are required to disclose any known problems, defendant Terry Cashen allegedly failed to report flooding, which had occurred in his basement, a crack in the foundation wall and mold contamination.
The property is located at 8432 Steelcrest Lane in Troy, the complaint states.
The home's new owners Ronald and Theresa Robinson filed a lawsuit Nov. 10 in Madison County Circuit Court against Cashen, Remax Realty Centre of Madison County, Frank Netemeyer, Donald W. Brown doing business as Coldwell Banker Brown Realtors and Stacey Schniedewind.
"Plaintiffs did not know any of the matters until after they purchased the property," the suit states. "Plaintiffs relied on the Report in their decision to purchase the Property. Plaintiffs would not have purchased the Property if they had known of the matters referred to."
As a result of the mold contamination, which Cashen had hidden behind a finished dry wall, and the cracked foundation wall, which Cashen also hid behind a finished dry wall, the value of the Robinsons' property decreased substantially, the complaint says. In addition, the Robinsons claim they incurred costs to repair their property; suffered mental anguish, inconvenience and discomfort; and have been deprived of the full enjoyment of their property.
In their four-count complaint, the Robinsons seek a judgment of more than $150,000 and punitive damages of more than $50,000, plus attorneys' fees, costs and other relief the court deems just. They also want the court to declare the sale of their property void and to order Cashen to repay them for all costs they incurred from the sale of the property.
David L. Antognoli of Goldenberg, Heller, Antognoli and Rowland in Edwardsville will be representing them.
Madison County Circuit Court case number: 10-L-1141.