Madison - St. Clair Record

Monday, February 24, 2020

Real estate defendants deny liability in suit alleging failure to disclose over O'Fallon home

By Heather Isringhausen Gvillo | Oct 18, 2016


A real estate agent argues that an O’Fallon couple’s own carelessness caused their alleged damages when they claim they were unaware that their home had an 80-foot easement and a detention pond.

Brendan and Kathryn Hopkins filed their lawsuit on July 11 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.

According to their complaint, the plaintiffs claim they purchased a home at 8525 Terrybrooke Place in O’Fallon. However, they allege the defendants failed to disclose an 80-foot easement on the property and that there was a detention pond in the backyard.

The plaintiffs claim they suffered substantial financial damage, including diminished value of their home, costs of repairs, remediation, court costs and attorney’s fees.

They allege the defendants violated the Residential Real Property Disclosure Act and the Real Estate License Act.

Re/Max Preferred and Ortega answered the complaint on Sept. 26 through attorney John Rahoy of Brown & James in St. Louis.

They deny the allegations against them and argue that any alleged injuries were the direct and proximate result of the plaintiffs’ own carelessness and negligence or the negligence of entities over whom the defendants had no control.

Perry and Stacy Long filed a motion to dismiss on Aug. 24 through attorney Dustin Hudson of Neubauer Johnston & Hudson in Fairview Heights.

They argue that according to the contract, the parties agreed to handle any claims or disputes over $5,000 in mediation and then arbitration if mediation is unsuccessful.

They ask the court to force the plaintiffs “to attend mediation and, if necessary, binding arbitration, to resolve their claims related to the contract to purchase real estate.”

The plaintiffs are represented by attorney Portia Kayser of Fisher Patterson Sayler & Smith LLP in St. Louis.

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

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Organizations in this Story

St. Clair County Circuit CourtBrown & James, PCNeubauer Johnston & Hudson