Homeowners sue over alleged non-disclosure of property defects

Two Highland Park homeowners are suing, alleging required property defects were not disclosed.

Monica S. Smith and John C. Alden filed a lawsuit Dec. 16 in the Cook County Circuit Court against Edward Schwartz, Irma Schwartz, Gloria Matlin, Janie Bress and Coldwell Banker, citing non-disclosure under the Illinois Residential Real Property Act, breach of contract, fraudulent concealment, breach of fiduciary duty and fraudulent misrepresentation.

According to the complaint, the plaintiffs entered into a Multi-Board Residential Real Estate Contract on Jan. 20 with the defendants to purchase property at 272 N. Deere Park Drive in Highland Park.

The plaintiffs assert the real estate contract contained a residential real property disclosure report and after they moved into the home, discovered numerous instances of property damage that was not disclosed on the disclosure report.

The alleged defects not disclosed, according to the suit, included water damage, mold, roof damage, chimney damage and a collapsing walkway. Smith and Alden allege the defendants intentionally concealed and failed to disclose these property defects.

The plaintiffs are seeking damages in excess of $50,000, plus costs and fees. They are being represented in the case by Jason H. Sherwood of Sherwood Law Group LLC.

Cook County Circuit Court Case No. 2013L014146.

This is a report on a civil lawsuit filed at the Cook County Courthouse. The details in this report come from an original complaint filed by a plaintiff. Please note that a complaint represents an accusation by a private individual, not the government. It is not an indication of guilt, and it represents only one side of the story.