Kleczek v. Jorgensen
Illinois Appellate Court
328 Ill.App.3d 1012, 767 N.E.2d 913 (2002)
- Written by Rich Walter, JD
Facts
David Kleczek (plaintiff) bought a house from Robert Jorgensen (defendant). A stipulation in the sale warranted that Jorgensen had not received any government-issued notice that the house violated applicable building codes. After Kleczek moved in, the house’s plumbing exhibited numerous leaks and other defects. Kleczek learned that Jorgensen had installed the plumbing himself and that state inspectors had orally informed Jorgensen that the work needed to be done by a licensed plumber. As a commercial builder, Jorgensen was subject to the state’s consumer-protection statute. The statute prohibited acts or practices that, although not actually fraudulent, could mislead and deceive consumers. Kleczek invoked that statute and sued Jorgensen for damages. The trial court entered judgment for Kleczek, and Jorgensen appealed to the Illinois Appellate Court.
Rule of Law
Issue
Holding and Reasoning (Appleton, J.)
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