Home buyer Dawne Gibbons alleges in a lawsuit against Re/Max River Bend, two of its agents, and the executrix of an estate that they acted in concert to defraud her in the purchase of a house on which they manipulated the price up from the listing price and also hid damage that cost her more than $40,000.
The lawsuit alleges that Dennis Dugan, part owner of Re/Max River Bend, also called River Bend Properties, acted in concert with real estate agents Charlene Walker and Sharon Pratt of that firm and Debra J. Smith, executrix of the estate of the deceased Mary L. Kaufman, in the sale of the house at 2342 Fairview Drive, Alton.
The suit says that in June 2022, Gibbons began working with Walker to purchase a home in Alton and was first directed by Walker to a home at 311 Bachman Lane, Godfrey. While it was listed for $139,900, Walker told Gibbons that she would "never get it at that price" and should offer more. The seller's agent on the property was Pratt.
The suit says Walker made an offer of $150,000 on Gibbons' behalf, then told Gibbons that another offer for the home had already been made, and she should offer $152,500. When Gibbons offered that amount, Walker said that Pratt had informed her that $152,500 would not buy the home and that they would take $155,000, the lawsuit says.
Gibbons then had the home inspected and found that the HVAC system was 42 years old, the water heater was old, and the house wasn't worth the large sum, so she halted the purchase. However, at the suggestion of Walker, Gibbons had already put down $2,000 in earnest money, which she had to forfeit, the lawsuit says.
Walker then showed Gibbons the house at 2342 Fairview Drive, listed at $144,500, Walker told Gibbons to offer $155,000, the suit says. When Gibbons said she didn't want to make that offer, Walker said, "If you were willing to pay $155,000 for the Bachman house, then you should be willing to pay that much for this one," the lawsuit says. Gibbons paid cash for the house and later found the undisclosed defects, according to the lawsuit.
Gibbons alleges that Smith made a false disclosure report, asserting that there were no issues with the property regarding recurring flooding, material defects or other structural issues. Walker and Pratt are also being sued for fraud for misrepresenting the condition and monetary value to induce her into buying the Fairview property. Gibbons is seeking a total of $300,000 plus the costs of the suit.
Gibbons is represented by Ronald A. Roth of Roth Law Office, LLC, Granite City.