Ok...that will do I guess...as long as the question isn't public..MY brother bought a house in July in Illinois..Afterwards the basement flooded and there is massive amounts of damage. He then learned that the house had flooded previously when the previous owner owned the house. In Illinois there is the Residential Real Property Disclosure Act, which means the seller had to fill out a form and answered no to this question: “I am aware of flooding or recurring leakage problems in the crawl space or basement.” However, the bottom of the form says this: “These disclosures are intended to reflect the current condition of the premises and do not include previous problems, if any, that the seller reasonably believes have been corrected.” Nothing orally was said about prior flooding. I suspect the buyer will claim he thought the situation was repaired. Further, my brother's basement flooded 14 months after he moved in, and 1. § 60 of the act states, “No action for violation of this Act may be commenced later than one year from the earlier of the date of possession
, date of occupancy, or date of recording of an instrument of conveyance of the residential real Property.” So, I suspect this means he cannot sue for violation of the act. Although, I'm not sure how this works when he didn't discover the defect until 14 months later..However, I also believe that the form with that question becomes part of the contract
so it is possible that if the seller did not have a reasonable belief that it was repaired, my brother may have a claim for breach of contract
. Rolando v. Pence established that a “(1) purchasers' fraudulent misrepresentation claim could be based solely on the vendors' representations
in the disclosure report made pursuant to the Residential Real Property Disclosure Act.” Thus, I think that a fraud misrep claim may be established simply by his answering the form in the negative....I suspect that when the previous buyer did the repairs, he probably signed a form saying that it was possible the basement could flood again and there was no guarantee all problems had been fully rectified. Thus, if this is the case...I suspect he should have answered in the positive to that question solely due to him signing that form with the repair people. Can you please help me understand ANY and all claims that may exist, if any, against the buyer. Please provide case names and any relevant statues or regulations for Illinois law that I must take note of in assessing these claims. Also, how does fraud concealment come into play here, if at all...is that avail too, or just maybe fraud misrep...Is my brother out of luck due to time and the fact that the previous buyer will probably just say he fixed it, and thus, was under no duty to disclose?