Contracts-Real Estate

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7^th Circuit Court of Appeals

Case Name: Randall Ewing v. 1645 W. Farragut LLC

Case No.: 22-2188

Officials: Sykes, Chief Judge, and Rovner and Kirsch, Circuit Judges.

Focus: Contracts-Real Estate

Ewing and Gomez engaged in a contractual agreement with 1645 W. Farragut LLC (Farragut) for a house purchase. Despite the property requiring extensive renovations, Ewing and Gomez proceeded with the contract based on Farragut’s assurance that the house would be renovated and ready for occupancy by the closing date. Unbeknownst to Ewing and Gomez, the house was subject to a stop work order, impeding their ability to secure a mortgage. Upon requesting the return of their earnest money, Farragut declined. Ewing and Gomez sued alleging breach of contract, common law fraud, and fraud under the Illinois Consumer Fraud Act. The District Court for the Northern District of Illinois held Farragut accountable for fraud and breach of contract, awarding damages totaling $905,000 to Ewing and Gomez. Farragut contested the decision through an appeal, and Ewing and Gomez cross-appealed, seeking to include Farragut’s principal, Erik Carrier, in the proceedings. The court found no abuse of discretion in the District Court’s denial of the motion for a new trial and the motions to amend.

Affirmed.

Decided 01/08/24

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