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Homebuyers accuse sellers, broker of negligent misrepresentation

By Michael Abella | Aug 3, 2016

BELLEVILLE — An O'Fallon couple is suing the sellers of a house, an agent and a broker, alleging negligent misrepresentation.

Brendan Hopkins and Kathryn Hopkins filed a lawsuit July 11 in St. Clair County Circuit Court against Perry and Stacy Long of Scott Air Force Base, Beth Ortega of O'Fallon and Holden Realty Inc., doing business as  Re/Max Preferred, alleging violation of the Residential Real Property Disclosure Act and the Real Estate License Act.

According to the complaint, Brendan and Kathryn Hopkins suffered substantial financial damage, including the diminished value of their property at 8525 Terrybrooke Place in O'Fallon, costs of repairs, remediation, court costs and attorney fees. 

The plaintiffs allege the defendants failed to disclose an 80-foot easement on the property and failed to disclose there was a detention pond in the backyard of the property.

The Hopkinses seeks a trial by jury, judgment of more than $50,000, plus costs of suit and attorney fees. They are represented by attorney Portia C. Kayser of Fisher Patterson Sayler & Smith LLP in St Louis.

St. Clair County Circuit Court case number 16-L-358

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