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Keywords

lawsuitplaintiffdefendantdamagesnegligenceplea

plaintiffdefendantdamagesplea

Related Cases

Capiccioni v. Brennan Naperville, Inc., 339 Ill.App.3d 927, 791 N.E.2d 553, 274 Ill.Dec. 461

Facts

In 1998, the Capiccioni family moved from Ohio to Illinois and purchased a home in Bolingbrook, represented by Brennan Naperville, Inc. and agent Sharon Clermont. The sales brochure claimed the property was in 'Acclaimed District 204,' which was a significant factor in their decision to buy the home. After moving in, they discovered that the property was actually located in District 365–U, leading to their children being unable to attend District 204 schools. The Capiccioni family subsequently sold the property and filed a lawsuit against the defendants for various claims related to the misrepresentation.

In 1998, plaintiffs moved from Ohio to Illinois and purchased a home in Bolingbrook. Brennan, a residential real estate brokerage company, and Clermont, a licensed real estate broker and one of Brennan's agents, represented the Bolingbrook property's sellers.

Issue

Did the defendants commit fraud, negligent misrepresentation, or violate the Consumer Fraud Act and Real Estate License Act by misrepresenting the school district of the property?

Rule

To establish a claim under the Consumer Fraud Act, a plaintiff must show a deceptive act by the defendant, intent to induce reliance, occurrence in trade and commerce, and actual damages proximately caused by the deception. For negligent misrepresentation, the elements include a false statement of material fact, negligence in ascertaining the truth, intent to induce reliance, action in reliance, and resulting damages.

Analysis

The court found that the Capiccioni family adequately pleaded their claims under the Consumer Fraud Act and negligent misrepresentation. They alleged that the defendants made false statements regarding the school district, which they relied upon when purchasing the home. The court noted that the defendants had a duty to provide accurate information and that the Capiccioni family took reasonable steps to confirm the information provided by the defendants. The court concluded that the misrepresentation was material and that the plaintiffs suffered damages as a result.

The court found that the Capiccioni family adequately pleaded their claims under the Consumer Fraud Act and negligent misrepresentation.

Conclusion

The Appellate Court affirmed in part and reversed in part, allowing the claims for violation of the Consumer Fraud Act, negligent misrepresentation, and violation of the Real Estate License Act to proceed while affirming the dismissal of the common-law fraud claim.

Who won?

The Capiccioni family prevailed in part, as the court allowed their claims under the Consumer Fraud Act, negligent misrepresentation, and the Real Estate License Act to proceed, finding sufficient grounds for these claims based on the misrepresentation of the school district.

The Capiccioni family prevailed in part, as the court allowed their claims under the Consumer Fraud Act, negligent misrepresentation, and the Real Estate License Act to proceed.

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