BENTON - Real estate agent Blake Salger of Columbia, defending a claim that he deceived home buyer Jamie Kauther, claims her agent deceived both of them.
Salger filed a third party complaint in U.S. district court on Aug. 19, alleging fraud against Stacey LaCroix of Waterloo and the Strano real estate firm of Belleville.
Salger’s counsel Ryan Mahoney of Glen Carbon claimed Salger reasonably and justifiably relied on statements LaCroix made.
Mahoney claimed she made them intentionally as she financially benefited from the sale.
Senior District Judge Phil Gilbert presides.
The home at issue, 10 Grandview Bluff Drive in Columbia, occupies a crest of the bluff in the city’s northeastern corner along with three other homes.
Former owner Greg Taake decided to sell No. 10 and hired his neighbor Salger as his agent.
Salger and Gori law firm leader Sara Salger own No. 9.
Monroe County property records show Kauther paid $610,000 for the property in 2021.
She sued Blake Salger, David Demond at No. 1, Brad Bray-Stanley at No. 6, and Grandview Bluff Estate Home Owners Association this February.
She claimed Salger lured her into the purchase by concealing restrictions and her neighbors engaged in conduct that harmed her health and caused her to sell.
Her counsel Michelle Faron of St. Louis named the Worth Clark real estate firm of St. Louis County as a defendant too, claiming Salger acted as its contractor.
She identified Kauther as a 36 year old female residing in Jefferson County, Missouri.
Illinois attorney records show Kauther holds an Illinois license and practices at Edward Jones brokerage in St. Louis County.
Faron’s complaint alleged that Kauther conveyed to her agent LaCroix that she had a few criteria for purchasing a home.
She claimed Kauther conveyed that a house must have a fence or ability to construct one and that she didn’t want a homeowner’s association or any restrictions without an equal vote.
She claimed that as closing approached, Salger sent restrictions to LaCroix.
“They were illegible after page 12 and were excessively restrictive,” Faron wrote.
She claimed they didn’t permit fences unless there was a pool or hot tub.
She claimed Kauther instructed LaCroix to rescind the purchase agreement.
She claimed Kauther received a text in which Salger stated to LaCroix that the restrictions were null and void.
She claimed Kauther received notice that Salger, amongst others, was forming and finalizing an impending homeowners association.
She claimed LaCroix sent email to Taake expressing hesitation to purchase due to uncertainty about restrictions and failure to disclose the homeowners association.
She claimed Salger confirmed the restrictions were null and void and Kauther could install a fence if it was not white vinyl or chain link.
She claimed Kauther and Taake ratified an amendment delineating the homeowner association membership with a traditional member vote and future restrictions.
She claimed Kauther signed a contract with Trost Plastics in February 2022 to install a fence that would match a fence Trost built for Salger.
She claimed a fence would keep Kauther’s toddler safe.
She claimed Demond had a fence at that time.
Illinois corporation records show Salger registered the homeowners association in March 2022, with Demond as treasurer and Bray-Stanley as secretary.
Faron claimed Salger sent the owners email with proposed bylaws.
She claimed it proposed seven votes with the two Salgers having three and everyone else including Kauther having one.
She claimed Salger informed Kauther a fence would violate bylaws and restrictions.
She claimed LaCroix sent Kauther dozens of messages confirming her understanding of the ability to build a fence and the equality of votes.
“During this time plaintiff received hateful emails from Grandview Bluff members who accused Plaintiff of ruining the neighborhood,” she wrote.
She claimed their actions triggered a resurgence in Kauther’s traumatic stress disability.
She claimed defendants served Kauther with a lawsuit summons for a temporary restraining order and preliminary injunction against the fence in May 2022.
She claimed Kauther’s primary physician told her to go to the behavioral health urgent care at DePaul Hospital because she could not control her symptoms.
She claimed DePaul prescribed new medications and took her off work for six weeks.
She claimed a psychiatrist recommended three more months off work.
“Defendants exploited this situation by pressuring plaintiff to sell her house for an unreasonably low amount,” she wrote.
She claimed they constructively forced Kauther to sell and vacate her home.
County records show she sold it in May 2023 for $665,000, a gain of $55,000 in 20 months.
Two days after Kauther sued, the homeowners association notified the Secretary of State that Monica Guerra of No. 10 replaced Bray-Stanley as secretary.
In March, Gilbert set trial next March.
In May, the parties agreed to retain Frank Neuner of St. Louis County as mediator.
On Aug. 5 the parties jointly moved to amend the schedule.
Gilbert granted it and set trial next June.
On Aug. 15, Paul Daugherity of Chicago filed a third party complaint for Worth Clark.
His complaint and the one Mahoney filed for Salger, Demond, Bray-Stanley and the homeowners association presented the same allegations, word for word in some sections.
They claimed LaCroix falsely represented to Kauther that there were no covenants, indentures, or restrictions on the property and no homeowners association.
They claimed LaCroix falsely represented to Kauther what Salger informed her about covenants, indentures, restrictions, and a homeowners association.
They claimed LaCroix knew Kauther’s requirements and misrepresented them to Salger.