Kalkman v. Nedved

Illinois Appellate Court
Civil Court
Case Number: 
2013 IL App (3d) 120800
Decision Date: 
June 14, 2013
3d Dist.
Knox Co.
Reversed and remanded with directions.
(Court opinion corrected 6/25/13.) Sellers of lakefront home stated, on their mandatory Disclosure Report, that they were not aware of any material defects with walls or floors. After purchase, buyers discovered numerous material defects in leaking windows, patio doors, and garage door. Obligation to disclose material defects in "walls" of home does not also require a seller to disclose material defects in windows or doors. Residential Real Property Disclosure Act is not intended to mandate disclosure of all potential material defects, but only those 23 items listed as conditions or material defects, and Act must be strictly construed. (WRIGHT, concurring; LYTTON, specially concurring.)