MADISON - ST. CLAIR RECORD

A Madison County man says he was sold a house in Highland that had known defects in the electrical and air conditioning systems.

Timothy B. Hess filed a lawsuit Feb. 17 in Madison County Circuit Court against Daniel and Halyna Zitta, Diana Zitta DeBourge and Zitta Revocable Trust.

Hess says the Zittas sold him a house on 12th Street in Highland in March 2008. The buyer claims the defendants concealed several problems with the house, including heating and air conditioning vents that were not connected to an actual HVAC system. Hess says he was also told that the electrical system had passed inspections and was in compliance with city codes. However, he contends the defendants knew there were defects in the system, including counterfeit breakers. He says the Zittas were well aware of the issues.

Hess accuses the Zittas and the Zitta Revocable Trust of violating several Illinois building codes while also committing fraud and breach of contract. He asks that the original purchase contract be rescinded and that he be awarded a full refund of the purchase price plus costs.

Hess is also asking to be also asking to be paid more than $400,000 in compensatory and punitive damages plus court fees.

Attorney Brian M. Wendler of Edwardsville is representing Hess. They ask for a jury trial.

Madison County Circuit Court Case No. 12-L-224