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Oltmer v. Zamora

Illinois Appellate Court
418 N.E.2d 506 (1981)


William and Bonnie Oltmer (plaintiffs) employed the Drobisch firm (codefendant) to find a house when they moved to a new city. Sales agent Juanita Jones (codefendant), showed them a house owned by Jones’ niece and her husband, Elaine and Joseph Zamora (codefendants), without disclosing that relationship. Jones claimed the house was built by a “very reputable” builder who was “one of the best in the area.” In reality, it was the first structure Joseph Zamora ever built and sloped 13 to 15 inches from one side to the other. When Mr. Oltmer said it felt like he was “walking uphill” during the showing, Jones responded that was impossible because the house was new. Meanwhile, Jones also allegedly disparaged other houses she showed them. After the Oltmers bought the house and measurements confirmed the defect, Jones allegedly suggested reselling it without disclosing the defect. In the ensuing suit, Jones argued that only misrepresentations of fact, not opinion, constitute actionable misrepresentation. The trial court granted summary judgment and the Oltmers appealed.

Rule of Law


Holding and Reasoning (Green, J.)

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