Carrera v. Smith

Plaintiffs, Melesio Carrera and Maryellen Carrera, appeal the trial court’s dismissal of count III of their amended complaint. Count III set out a claim against defendants Richard G. Smith and Adelaide E. Smith (the Smiths); none of the other defendants is a party to this appeal. Plaintiffs argue that the Smiths, who allegedly committed fraud during the sale of their home to plaintiffs, are subject to liability under the Consumer Fraud and Deceptive Business Practices Act (815 ILCS 505/1 et seq. (West 1998)). We affirm.

Plaintiffs’ amended complaint alleged as follows. The Smiths assisted…