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O'Fallon homeowner sues seller and home inspector
12/13/2007 12:49 PM
Delores McClain filed suit against the seller and inspector of a home she purchased last year in O'Fallon claiming defects were concealed.
According to a suit filed Dec. 11 in St. Clair County Circuit Court, McClain claims she would not have purchased the property at 414 West Third St. in O'Fallon if she had known that water leakage and siding damage existed and would not be corrected.
Represented by Stephen R. Clark of Courtney, Clark & Associates in Belleville, McClain is seeking in excess of $300,000 in damages from Sintzel Investments, Inc. and Accurate Home Inspections LLC.
She claims Sintzel had a duty not to misrepresent the condition of the property when she entered into a contract Nov. 29, 2006.
"That defendant violated this duty by fraudulently and intentionally misrepresenting the condition of the residence by actively concealing water damage or water leakage that it knew to be present in the residence and failed to advise plaintiff of the existence of water damage or water leakage in the residence and plaintiff relied upon these misrepresentations when she purchased the residence," the complaint states.
McClain claims that mold grew in the basement due to water leakage and that it has caused her to become sick and suffer pain.
According to the suit, Accurate Home Inspections performed a home inspection on Dec. 12, 2006, but allegedly did not disclose that there was water damage.
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