Alton homeowners claim sellers failed to disclose water and mold damage

By Andrea Dearden | Feb 6, 2013

An Illinois couple says they were sold a house in Alton that has water damage and is contaminated by mold.

Roland and Kathleen Schwengels filed a lawsuit Jan. 18 in Madison County Circuit Court against Carol Senger and Harriet Sue Albritton, the executors of the estate of Ruth L. Ash. Steve Norris, Prudent Home Inspection Inc., Diane Plummer and REMAX Riverbend are also named as defendants.

The Schwengels agreed to buy a house in the 4900 block of Wick Mor in May 2012, according to the complaint. The house was allegedly part of the Ash estate, with Senger and Albritton acting as the sellers. The Schwengels say they paid $106,500 for the house and discovered later that it had water damage affecting the foundation, walls and floors. They also allege mold was growing in many areas of the home.

The Schwengels claim the water damage and mold contamination were known by Senger, Albritton and the real estate agent, Plummer of REMAX Riverbend. They also say the home inspection performed by Norris and Prudent Home Inspection in June of 2012 failed to find the alleged defects in the house.

The plaintiffs accuse the defendants of breach of contract, fraud and negligent misrepresentation. The Schwengels seek a judgement of more than $550,000 in actual and punitive damages along with court costs.

Attorney Deborah A. Hawkins of Edwardsville represents the Schwengels. They ask for a jury trial.
Madison County Circuit Court Case No. 13-L-96

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