ALTON — A woman who purchased a property in Godfrey that was part of trust claims the trustee failed to disclose the property's flooding and water damage issues.
Carolyn Robertson filed a complaint May 22 in Madison County Circuit Court against Cindy Travis Mueller, Trustee of The Marietta Travis Irrevocable Trust, alleging breach of contract and fraudulent misrepresentation.
According to the complaint, Robertson entered into a contract on April 22, 2019, to purchase property in Godfrey, which was part of the Marietta Travis Irrevocable Trust overseen by Mueller. Robertson alleges in her complaint that after taking possession of the property on May 24, 2019, she discovered leaks in the basement and water damage to the walls of the house.
Robertson claims that on the residential real property disclosure report signed by Mueller on April 19, 2019, there was no disclosure of the property's flooding and leaking issues. She also alleges in her complaint that Mueller falsely and misleadingly stated she was "not aware of flooding or recurring-leakage problems in the crawl space or basement" or "of any material defects in the walls, windows, doors or floors."
Robertson claims she would not have purchased the property if she "had been correctly advised" of its condition.
Robertson seeks a judgment of more than $50,000 and all other just relief. She is represented by Edward McCarthy of McCarthy & Allen in Edwardsville.
Madison County Circuit Court case number 2020-L-731