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James Marsh Obtains Reversal from Second District Appellate Court in Residential Real Property Disclosure Act Case

In a case briefed by Momkus McCluskey Member Jim Marsh, the Second District Appellate Court reversed the Circuit Court's dismissal of a complaint filed on behalf of Momkus McCluskey's client, a real estate developer and builder. In a published opinion issued on February 26, 2009, the Appellate Court ruled that the Illinois Residential Real Property Disclosure Act applies to all real estate transactions that include residential real property, that is, real property "improved with not less than one nor more than four residential dwelling units." The Appellate Court refused to find any distinction in the statute for residential real property that the purchaser may plan to alter by remodeling or even razing the residential dwelling unit located on the property. (Skarin Custom Homes, Inc. v. Ross, 2009 WL 503512.)