(DOWNLOAD) "Beard v. Gress" by And Reversed in Part and Remanded Illinois Appellate Court — Fourth District Affirmed in Part " eBook PDF Kindle ePub Free
eBook details
- Title: Beard v. Gress
- Author : And Reversed in Part and Remanded Illinois Appellate Court — Fourth District Affirmed in Part
- Release Date : January 20, 1980
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
The principal question in this case is whether a real estate broker representing sellers is liable to buyers under the Consumer Fraud and Deceptive Business Practices Act (Consumer Fraud Act) (Ill. Rev. Stat. 1979, ch. 121 1/2, par. 261 et seq.) for an innocent misrepresentation, relied upon by the buyers, as to the interest rate in a mortgage which encumbered the premises sold and was assumed by the buyers. Although the wording of the act creates some confusion, we hold that such a broker is liable. On March 28, 1979, plaintiffs, Ronald Beard and Nellie Beard, filed suit in the circuit court of Vermilion County against defendants, F. Dale Gress, Dorothy Gress, and their real estate broker, Ray Madsen, d/b/a Ray Madsen & Associates, seeking monetary damages from a transaction whereby plaintiffs purchased real estate from defendants Gress. Pursuant to the motion of defendant Madsen asserting that counts IV and VI, directed solely against him, did not state a cause of action, the circuit court dismissed those counts. Plaintiffs have appealed. We have jurisdiction because of the court's findings pursuant to Supreme Court Rule 304(a). 73 Ill.2d R. 304(a).
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