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Richmond v. Blair

OPINION FILED NOVEMBER 27, 1985.

HELEN RICHMOND, PLAINTIFF-APPELLANT,

v.

BLOSSOM BLAIR, DEFENDANT (IMAC REALTY, INC., A/K/A QUINLAN & TYSON, INC., ET AL., DEFENDANTS-APPELLEES).



Appeal from the Circuit Court of Cook County; the Hon. John R. Ryan, Judge, presiding.

JUSTICE JOHNSON DELIVERED THE OPINION OF THE COURT:

Rehearing denied December 20, 1985.

Plaintiff, Helen Richmond, appeals from an order of the circuit court of Cook County dismissing her third amended complaint containing amended counts II and III of her previous complaint against defendants, IMAC Realty, Inc., realtors, formerly known as Quinlan & Tyson, Inc. (hereinafter referred to as Quinlan & Tyson), and Dorothy Valko, one of its brokers. The court dismissed the counts as being substantially insufficient in law, in violation of section 2-615(a) of the Code of Civil Procedure (Ill. Rev. Stat. 1981, ch. 110, par. 2-615(a)).

We reverse and remand.

Plaintiff alleged that on October 16, 1981, she visited and examined the home of Blossom and David Blair, at 4242 West Birchwood Avenue, Skokie. Plaintiff further alleged that at that visit Dorothy Valko, a real estate broker with Quinlan & Tyson, gave plaintiff a tour of the house, including the basement. Plaintiff alleged that while in the basement of the house, the following conversation took place:

"Dorothy Valko said to plaintiff: `Please don't walk on the basement floor in the extra bedroom. It has just been painted because there was a problem with water coming in.'

Plaintiff asked Dorothy Valko: `Is the basement sound and free of water problems?'

The response of Dorothy Valko was: `There was a problem with water seepage in the past, but the problem has been completely corrected.'

Plaintiff then stated to Dorothy Valko: `I want to be sure that if I buy this house that there will not be water or flood problems.'

The response of Dorothy Valko was: `You can feel secure and confident with the home. It will be totally free of water leaks or seepage.'"

Plaintiff further alleged that based on the statements of defendants Blair and Valko she bought the home. Soon after the purchase, she discovered that the basement flooded and leaked after each heavy rainfall or melting of snow, and that she spent $6,646.38 to eliminate the flooding and leakage.

Plaintiff filed her original complaint on February 23, 1982. Count I proceeded only against Blair, alleging that she breached several warranties in the purchase contract. In count II, plaintiff alleged that Blair's realtor, Quinlan & Tyson, acting through its employee, Valko, made representations about the basement, upon which plaintiff relied to her detriment.

On June 30, 1982, the trial judge allowed plaintiff to file an amended complaint to include count III, which added Valko as a defendant and sought relief solely against her. Defendants Quinlan & Tyson and Valko asked the trial court to dismiss the amended complaint because (1) it contained more than one cause of action per count, contrary to section 2-603(b) of the Code of Civil Procedure (Ill. Rev. Stat. 1981, ch. 110, par. 2-603(b)); (2) Valko owed no duty of investigation to a prospective buyer; and (3) plaintiff's damages were purely economic and, therefore, not recoverable in tort. On November 3, 1982, the trial court dismissed plaintiff's amended complaint, but granted her leave to replead.

Plaintiff filed her second amended complaint on November 16, 1982. Defendant Quinlan & Tyson and Valko asked the trial court to dismiss this complaint for the same reasons that they asked the court to dismiss the previous amended complaint. The trial court dismissed counts II and III of ...


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