EDWARDSVILLE – St. Jacob homeowners claim the previous owner failed to disclose that he had installed a defective roof on the home before selling it.
Plaintiffs Cody and Katie Bowyer filed a lawsuit in the Madison County Circuit Court against defendant John Latham, citing fraudulent misrepresentation and fraudulent concealment.
According to the lawsuit, the Bowyers bought a residence located in St. Jacob from Latham on Dec. 5, 2017, for $245,000. The plaintiffs allege that prior to purchasing the building, they visited the home and were informed by the defendant that he had personally remodeled the building while referring only to the structure's interior. The Bowyers claim that this led them to believe that Latham only remodeled the interior and not the structure's roof as well.
The plaintiffs allege Latham installed metal roofing, but he had no experience in roofing installation. They claim Latham did not disclose these facts to the plaintiffs before they purchased the house, leading them to believe the home's roof was sound. The plaintiffs add that a property inspector told them it was impossible to inspect the roof since, because walking on the metal roof would damage it. They claim they could only rely on the defendant for information regarding the roof's condition. They add that if they knew the roof's actual condition, they would not have purchased the property.
According to the complaint, after the plaintiffs purchased the property, they found out that the roof was poorly constructed and had serious leaks. The leaks have allegedly caused damage to the ceiling, walls and floors of the home. The Bowyers claim the roof needs to be completely replaced and that the cost to repair the entire structure will exceed $50,000.
The plaintiffs are seeking damages in excess of $50,000, plus court costs, attorney fees and any other relief the court deems proper. They are represented by attorney Edward T. McCarthy of McCarthy & Allen Law in Edwardsville.
Madison County Circuit Court case number 2022LA001165