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PENN v. GERIG

No. 4-01-0196.

778 N.E.2d 325 (2002)

334 Ill. App.3d 345

268 Ill.Dec. 339

Donald PENN and Norma Penn, Plaintiffs-Appellants, v. Becky GERIG; Hundman Realty, Inc.; and Thomas Maloney, d/b/a Coldwell Banker Heart of America Realty, Defendants (Roger A. Heerdt and Denise Heerdt, Defendants-Appellees).

Appellate Court of Illinois, Fourth District.

October 4, 2002.

Attorney(s) appearing for the Case

Jack C. Vieley, Bloomington, for Donald Penn.

Thomas J. Arkell, Dunn, Stanczak, Willard & Arkell, Bloomington, for Roger A. Heerdt.

Justice KNECHT delivered the opinion of the court:

After discovering certain defects in their recently purchased home, plaintiff home buyers filed a cause of action against defendant home sellers. Count III of plaintiffs' complaint alleged noncompliance with the Residential Real Property Disclosure Act (Act) (765 ILCS 77/1 through 99 (West 1996)) and count X alleged common-law fraud. The trial court dismissed count III...

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