EDWARDSVILLE – Collinsville homeowners have filed a breach of contract lawsuit, claiming that a property owner knowing sold them a home with water and mold damage.
Plaintiffs Stefani Lyne Coleman and Nicci Aponte filed the lawsuit in the Madison County Circuit Court against Serena Everett, citing breach of contract and fraud.
According to the lawsuit, the plaintiffs entered into a contract to purchase a Collinsville residential property from the defendant on Aug. 31, 2022, for $420,000. Prior to the deal, the defendant submitted an Illinois Realtors Residential Real Property Disclosure Report to the plaintiffs. The plaintiffs allege that according to the disclosure, the defendant stated that she was not aware of any flooding or leakage problems in the property's crawlspace, basement or ceiling and that she was not aware of any defects in the property's plumbing system. Also prior to the deal, the plaintiffs had inquired about a possible water leakage issue in the basement from a hose, but the defendant asserted that there was no water drainage issue on the property.
The plaintiffs claim that on Sept. 1, 2022, they noticed a significant water leak after using the master tub on the second floor which caused water to run from the second floor down through the kitchen ceiling and through the first floor into the basement. Further investigation found additional water leaks and mold damage on the property.
According to the plaintiffs, they entered into a contract to buy the property based on the disclosure provided by Everett. They allege she breached the contract by failing to disclose important information about the property and that she fraudulently misrepresented the true condition of the property to induce them into purchasing the property.
The plaintiffs state that they have expended large amounts of money to repair the water leaks, mold damage and other defects on the property.
The plaintiffs are requesting that the court enter a judgement against the defendant for an amount that they are entitled to plus interest, court costs, attorney fees and any other relief the court deems proper. They are represented in this case by attorney Michelle M. Wiedman of Wiedman Law, LTD in Waterloo.
Madison County Circuit Court case number 2023LA000289