Legal Question in Real Estate Law in Illinois
Residential Property Disclosure
I am being sued over a false claim of not providing a residential disclosure report. The Plaintiffs attorney mispelled the address in the motion for summary judgment, so I filed a motion to dismiss stating that there was never a transaction between myself and the plaintiff for that address. The difference is Capital which should have been spelled Capitol. Two completely different addresses. Will my motion to dismiss likely get accepted? If it does and they have to refile, it would put it beyond the statute of limitations.
3 Answers from Attorneys
Re: Residential Property Disclosure
Where is this property located?
The judge will probably rule that the amended complaint 'relates back' to the original filing of the complaint, but definitely do file to motion to dismiss and see what happens.
DTG
Re: Residential Property Disclosure
The court will allow the attorney to correct the error, especially if the number for the address is accurate. Additionally, the correction will relate back to the initial filing so the Statue of Limitations will not bar the claim. Substance over form.
Re: Residential Property Disclosure
Not likely and no.
If the claim is false as you say, then it should be a simple matter to show the court the report.
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