Strauss v. Cruz

The question certified in this interlocutory appeal is whether "an individual sale by a private seller to a private buyer of a one-family dwelling, constitute^] an action that falls under the Illinois Consumer Fraud and Deceptive Business Practices Act, 815 ILCS 505/1 et seq. (West 1992).” The trial court held that such a seller of real estate is covered by the Act. We disagree and reverse the trial court’s decision.

Defendants, Frank T. Cruz, Helen Nunez Cruz, Manuel L. Nunez and Teodora F. Nunez, owned a single-family residence, which they sold to plaintiffs, Marc W. Strauss and Wendy G.…