EDWARDSVILLE – A landlord has filed a breach of contract lawsuit claiming the previous property owner knowingly sold a Pierron Village apartment building with undisclosed water and mold damage.
Oberkfell Properties LLC filed the lawsuit in the Madison County Circuit Court against Sunrise Properties of Highland LLC, citing breach of contract and fraudulent misrepresentation.
According to the lawsuit, Oberkfell Properties entered into an agreement to purchase a four-unit residential apartment building located in Pierron Village from Sunrise Properties of Highland on Feb. 22, 2022. The closing date for the sale was set for April 5. The lawsuit alleges that at the time of purchase, the defendants represented that the property had no material defects. The defendant allegedly offered a warranty on improvements performed on the property.
The lawsuit states that on March 30, a tenant in Unit #2 on the property informed a representative of Sunrise that there was water damage in the apartment and moved out of the unit soon after. Oberkfell claims it was never informed of the water damage before the closing date.
According to Oberkfell, it inspected Unit #2 after taking ownership of the property. The plaintiff allegedly detected a musty smell and noticed that the carpet was wet. The plaintiff pulled back the carpeting and discovered that the floor was cracked and that there was mold behind the drywall of the unit. The plaintiff also noted cracked masonry.
The lawsuit alleges that following the inspection, Oberkfell contacted Sunrise. The defendant denied any knowledge of the alleged damages. Oberkfell discussed concerns about the failure to disclose the water damage and asserted that it was Sunrise's responsibility to correct the damages.
Since then, Oberkfell claims Sunrise has refused to correct the damages despite repeated requests by the plaintiff. Oberkfell states that it had to expend large amounts of money to conduct repairs to the property itself.
According to the Oberkfell, it entered into a contract to buy the property based on the representation from Sunrise that there were no defects on the property. Oberkfell claims the defendant breached the contract by failing to disclose important information about the property. The lawsuit states that Sunrise fraudulently misrepresented the true condition of the property to induce the plaintiff into purchasing the property.
The plaintiff is seeking damages in excess of $50,000, plus court costs, attorney's fees and any other relief the court deems proper. It is represented in this case by attorney Carol L. Sparks of Beckemeier LeMoine Law in Troy.
Madison County Circuit Court case number 2023LA000539