Wednesday, June 5, 2019
According to an Illinois appellate case that came out this week, zoning can be a matter of fact, not just law, where a real estate broker mis-represented zoning that could not be verified by the buyer. Fun case worth a read. As the court notes:
Because Horwich misrepresented to Edson that the space was suitable for a grocer and Edson could not, through ordinary prudence, have discovered that the space was not zoned for commercial use, Horwich's misrepresentations were statements of fact.
Westlaw cite: Edson v. Fogarty, 2019 IL App (1st) 181135, ¶ 39,