Leaky New Lenox House Leads To Fraud Lawsuit

NEW LENOX, IL - The sale of a house in New Lenox in late 2017 has turned into a contentious lawsuit, pitting the buyers against the former owners, accusing them of fraud and violating the Real Estate Disclosure Act. The house in question is at 202 Roberts Road. Plaintiffs Spencer and Amanda Spathis accuse the former owners of keeping them in the dark about past flooding and water leakage problems inside the dwelling, at the time of the sale.

The Will County civil lawsuit defendants are Robert and Patricia Beckstrom.

When the Beckstroms filled out the Illinois Property Disclosure Report, the sellers indicated "they were aware of flooding or recurring leakage problems, but only with heavy rains and said flooding or leakage would occur only in the laundry room," the recent Will County lawsuit states.

"Additionally, the defendants represented in the report that they were unaware of any material defects in the roof," contended attorney Mark Loftus, the plaintiff's lawyer. The Law Offices of Mark P. Loftus are located on North Clark Street in Chicago.

According to the lawyer, his clients visited the house on the Roberts Road and the Beckstroms accepted their offer. According to Realtor.com, which is Patch's real estate partner, the house was available for around $205,000.

Spencer and Amanda Spathis gained access to the house on Roberts Road on Nov. 2, 2017. Once they moved into their newly purchased house, however, they began to experience buyer's remorse, court records reflect.

"Upon entering the home, plaintiffs immediately observed staining on the living room ceiling. Spencer Spathis proceeded to the attic and observed ongoing water penetration through the roof, onto attic insulation and then down interior walls," their lawsuit alleges.

A roofing contractor later told the new homeowners "the roof was in very poor shape and showed evidence of multiple prior repair attempts throughout the entirety of the roof. Said contractor recommended the entire roof be replaced," their attorney noted.

Next, the couple discovered that "with every rainfall, there was water intrusion throughout the basement, in multiple areas beside the laundry room ... As a result of the ongoing water intrusion in the basement, plaintiffs had to excavate the entire basement floor and install drain tile along the basement perimeter and incurred substantial expense in doing so," their lawsuit reads.

The lawsuit against the Beckstroms wants Will County's judicial system to enter a judgment in their favor of more than $50,000, plus an award of reasonable attorneys fees as well "any other additional relief this court deems just."

The New Lenox house dispute is scheduled for a hearing on the Feb. 11 court calendar.

Images via Realtor.com, Patch's real estate partner