Denault v. Cote

Plaintiffs John and Megan Denault filed an action against defendants Eugene and Francis Cote, claiming they violated the Illinois Residential Real Property Disclosure Act (Disclosure Act) (765 ILCS 77/1 et seq. (West 1998)). The trial court dismissed the action as untimely. When the plaintiffs filed a second action based on fraud in the same real estate transaction as the first case, the court dismissed the Denaults’ second action on the basis of res judicata. We affirm this decision and hold that the limitations period encompassed within section 60 of the Disclosure Act is not a limitations…