Edwardsville property buyer alleges sellers misrepresented leakage problems

By Lhalie Castillo | Jan 29, 2019

EDWARDSVILLE — A property buyer is suing he sellers for allegedly misrepresenting problems with leaking in the basement. 

James O'Bryan filed a complaint on Jan. 23 in the Madison County Circuit Court against Kerry Lorts and Stephanie Lorts, alleging they violated the Residential Real Property Disclosure Act.

According to the complaint, the plaintiff alleges that in September 2018, he agreed to purchase the defendants' property located at 1602 Prairie View Drive in Edwardsville. After O'Bryan purchased the property, the basement became flooded with rainwater, causing damage to the interior. 

The plaintiff claims he has been damaged for costs of repair to correct the condition and suffered diminution in value. 

The plaintiff alleges the defendants falsely represented that they had occupied the property within the last 12 months and that they were not aware of flooding or reoccurring leakage problems.

The plaintiff requests a trial by jury and seeks damages of more than $50,000, plus punitive damages, attorney's fees and costs. He is represented by John L. Gilbert and J.D. Brandmeyer of Sandberg Phoenix & von Gontard PC in Edwardsville.

Madison County Circuit Court case number 19-L-0084

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Madison County Circuit Court Sandberg Phoenix & Von Gontard PC

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