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MADISON - ST. CLAIR RECORD

Thursday, March 28, 2024

Buyers claim realtors concealed defects in Troy home

Lawsuits

EDWARDSVILLE - Buyers of a property are claiming their realtors failed to disclose plumbing problems that have so far cost more than $20,000 to fix.

Stephanie and Jonathan Clark filed suit March 11 against the RE/MAX Alliance and individual agents they claim were involved in the sale of the Troy home.

In their suit filed in Madison County Circuit, the plaintiffs claim fraudulent misrepresentation and concealment along with violations of the Illinois Property Disclosure Act and negligence.

RE/MAX is a franchisor and each of its offices is independently owned, the company told the Record.

The suit centers on the purchase of a property on Joe McClelland Drive in Troy. The sale closed on Oct. 8, 2019.

The Clarks allege the defendants knew of "material defects" within the home and that they failed to disclose information on these defects.

Specifically, the plaintiffs claim the defendants "falsely answered" questions on the Illinois residential property disclosure form.

According to the form, they were not aware of any defects with the basement plumbing, and not aware of problems with the plumbing system in general.

The couple claims there were "many serious defects," including code violations. The couple relied in the expertise and knowledge of the defendants when purchasing the property, the suit states.

On March 1, 2020, the plaintiffs received a bid to fix the plumbing of $24,750, according to the complaint. The plaintiffs claim further repairs will be needed.

In their claim for fraudulent misrepresentation, the plaintiffs argue that RE/MAX was meant to represent the interests of the plaintiffs.

The plaintiffs, who are seeking more than $50,000 in damages, are represented by Edward W. Unsell of East Alton.

Madison County Circuit Court case number 2020-L-0326

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