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Couple denies negligence in suit alleging failure to disclose over O’Fallon home

By Heather Isringhausen Gvillo | Dec 13, 2016

An O’Fallon couple denies that their own carelessness caused their alleged damages in a suit alleging they were unaware that their home had an 80-foot easement and a detention pond.

St. Clair County Circuit Judge Andrew Gleeson scheduled a status conference in the case for Jan. 17 at 10 a.m.

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 denied liability and claimed the plaintiffs’ own negligence and carelessness caused their alleged damages.

The plaintiffs answered the defendants’ affirmative defenses on Oct. 17 through attorney Portia Kayser of Fisher Paterson Sayler & Smith in St. Louis. They denied each and every affirmative defense.

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

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