EDWARDSVILLE - Granite City residents claim they have suffered damages from sewer back ups after the water company failed to make repairs and their realtor failed to inform them about the home's defects.
Tracey Brooks and Sean Thomas filed the complaint in Madison County Circuit Court against Lisa Diserens, Santiago Cortez and Illinois American Water Company, alleging breach of contract, consumer fraud and violations of the disclosure act.
According to the complaint, Brooks purchased a home on Ohio Avenue in Granite City, where she resides with Thomas, from Cortez through real estate agent Diserens.
The plaintiffs claim the defendants provided a disclosure statement that was incomplete and "did not adequately disclose the property's defects, including but not limited to, damage to the foundation, joists and walls and further, did not disclose that there was regular flooding at the location," the suit states.
The plaintiffs claim the defendants falsely represented that he had finished repair work, lied about the condition of the property and its propensity to flood and failed to disclose property defects. They also claim Diserens provided fake receipts for the incomplete work and allegedly knew certain defects existed.
The plaintiffs also name American Water Company in the suit for owning the sewer system in Granite City. They claim the company knew that the sewer system was in need of repair and was causing substantial damage to the home.
The plaintiffs claim the sewer back up issue is "easily remedied simply by turning a pump on." However, they allege Illinois American Water Company does not turn the pump on in time to avoid damage.
"They keep the pump turned off until after a very substantial rain storm until enough rainfall has collected in the street to cause flooding and damage to the property of plaintiffs, including damage to the foundation of the house," the suit states.
The plaintiffs seek a judgment in excess of $50,000 from each defendant, plus court costs. They are represented by Ronald Roth of Roth Law Offices in Granite City.
Madison County Circuit Court case number 22LA01005