Couple accused of fraud in home purchase

Carol Ostrow Apr. 13, 2015, 11:39am

CHICAGO – A homeowner is suing a couple, alleging breach of contract involving a 2014 home sale.

Baci McGaci of Delaware sued Christopher and Tiffany Krubert, individually and as beneficiaries of Trust No. 8002366790; and Chicago Title Land Trust Company, as trustee, in Cook County Circuit Court on March 4.

The plaintiff owned a luxury home at 1523 N. Dearborn Ave. According to the suit,  the defendants promised the plaintiff that they would buy the property in a deliberate effort to manipulate and eventually nullify the sales contract.

John and Alexandra Simpson, doing business as Baci McGaci, purchased the property in 2011 for $5.3 million. The suit says they  hired an architect and a general contractor to make renovations, investing an additional $1.3 million by 2014. Around August 2014, the Kruberts’ real estate agent initiated discussions between the parties regarding a potential sale of the property to the defendants.

Since the renovations had been financed but were incomplete, the parties agreed on a $6 million “as-is” purchase price with the understanding that renovations were pending. An Aug. 30 contract was executed with a targeted closing date of Sept. 19.

Following correspondence involving proposed modifications, the buyers accepted some changes to the contract, but with the added condition that they could withdraw at any time pending inspection. The seller agreed to extend deadlines to accommodate the buyer; but on Sept. 14 the buyers terminated the contract.

The suit states that the buyer had been in fact planning to reject the contract early on in the belief that the purchase price was too high. Alleging that the buyer coerced the seller into allowing modifications that permitted abandonment, the plaintiff seeks damages in excess of $300,000, plus attorneys’ fees and costs. It is represented in the case by Robert Harris and Alexander Rozett of Harris, Winick and Harris, Chicago.

Cook County Circuit Court case no. 2015L001665.

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