Non-reliance clause clashes with Disclosure Act

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted February 6, 2023 11:10 AM

The plaintiff and defendant in a fraud case about a house on High Street in Highwood each had an Illinois Appellate Court decision that supported their position on whether an “as is” real estate contract with a non-reliance clause blocked the buyer from claiming justifiable reliance on an alleged misrepresentation in the declaration the seller submitted under Sec. 35 of the Residential Real Property Disclosure Act.U.S. Bank owned the residence at 251 High Street as trustee. It received a confusing “15-Day Notice to …

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