EDWARDSVILLE – The plaintiffs in a lawsuit over allegations of breach of contract relating to the sale of a Troy property are seeking to stay litigation pending arbitration.
The plaintiffs, Andrew C. Martens and Heather Martens, stated in their Dec. 13 motion that they filed the action with the Third Judicial Circuit in Madison County to enable a recording of a notice of pending action.
They note in the motion that the parties participated in mediation in November and it was unsuccessful. They claim that as per their contract, arbitration is required.
The original complaint was filed against James S. Randazzo, Catherine A. Randazzo, Coldwell Banker Brown Realtors and Julie Purnell.
The Martenses entered into a contract with the defendants on Nov. 21, 2018, to purchase real estate in Troy. The plaintiffs claim prior to closing, they requested a final walk-through of the home and then attended closing on Dec. 28, 2018.
After taking possession of the home, the plaintiffs allege they noticed water leakage around the basement windows, brown liquid on the basement windows, the window sills, the blinds and the floor. They allege they later discovered that one of the drains running from the residence ended abruptly at the landscaping of the in-ground pool near where a skimmer was located and that another drain was capped off near the pool's pump area, according to the suit.
The plaintiffs claim in May when they attempted to open the in-ground pool, they found the foam and the liner had pulled away from the wooden pool frame, which was a result of insufficient drainage or poor maintenance of the pool.
The plaintiffs claim when they were repairing the defects in the basement leakage, they also discovered damage to the deck and siding of the residence.
The plaintiffs claim the defendants fraudulently misrepresented the property and caused them damages. They also claim the defendants' actions were a violation of the Consumer Fraud and Deceptive Practices Act and the defendants were unjustly enriched at the plaintiffs' expense.
The Martenses are seeking compensatory and consequential damages of more than $50,000. They are represented by Jeanna S. Raney of Blake Behme Gilbreth Links PC in Belleville.
Madison County Circuit Court case number 2019L 001768