Rolando v. Pence

Plaintiffs, Lawrence and Jennifer Rolando, purchased a house from defendants, Westing and Barbara Pence, and subsequently experienced problems with a leaking roof. Plaintiffs sued defendants for, inter alia, fraudulent misrepresentation based on disclosures defendants made in connection with the transaction. Following plaintiffs’ case in chief, defendants moved for a directed finding, arguing that representations made pursuant to the Illinois Residential Real Property Disclosure Act (the Act) (765 ILCS 77/1 et seq. (West 1998)) cannot form the basis for a fraudulent misrepresentation claim.…