"The statute you refer was not intended as comprehensive and does not bar other actions at law or in equity. So, forgetting that statute for a moment is there another avenue of holding the seller to legal accountability?"
I am afraid not. The buyer's recourse is in the court, for negligence and/or fraud.
NEGLIGENCE: The essential elements of a cause of action based on common law negligence may be stated briefly as follows: the existence of a duty owed by the defendant to the plaintiff, a breach of that duty, and an injury proximately caused by that breach. (Kirk v. Michael Reese Hospital & Medical Center (1987), 117 Ill.2d 507, 525; Mieher v. Brown (1973), 54 Ill.2d 539, 541. See also W. Keeton, Prosser & Keeton on Torts § 30, at 164-65 (5th ed. 1984).)
NEGLIGENCE PER SE: Violation of statutory law by Defendant where Plaintiff is meant to be protected.
FRAUD: The elements of common law fraud are: (1) a false statement of material fact; (2) defendant's knowledge that the statement was false; (3) defendant's intent that the statement induce the plaintiff to act; (4) plaintiff's reliance upon the truth of the statement; and (5) plaintiff's damages
resulting from reliance on the statement. Board of Education, 131 Ill.2d at 452, 137 Ill.Dec. 635, 546 N.E.2d 580; Gibbs v. Ernst, 538 Pa. 193, 210, 647 A.2d 882, 889 (1994).
(765 ILCS 77/55)
Sec. 55. Violations and damages. If the seller fails or refuses to provide the disclosure document prior to the conveyance of the residential real property, the buyer shall have the right to terminate the contract. A person who knowingly violates or fails to perform any duty prescribed by any provision of this Act or who discloses any information on the Residential Real Property Disclosure Report that he knows to be false shall be liable in the amount of actual damages and court costs, and the court may award reasonable attorney fees incurred by the prevailing party.
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As per your previous follow up, I had answered (in case you did not see):
"There is no such statutory raising of standard, however, the Judge or Jury is likely to infer this, so yes, this can be argued, and likely would be helpful in the case. However, it still does not guarantee a win, I am afraid. So there is that gamble, since it is on a case by case basis."
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