Oltmer v. Zamora
Appellate Court of Illinois
418 N.E.2d 506 (1981)
Real estate agent Jones showed the Oltmers (plaintiffs) a house built by her own niece's husband, Zamora, without disclosing that relationship, describing him as a "very reputable" builder who was "one of the best in the area," even dismissing Mr. Oltmer's observation that the floor felt uneven; the house turned out to be the builder's very first structure and sloped 13 to 15 inches, and Jones allegedly later suggested reselling it without disclosing the defect once it was confirmed. The Oltmers sued for fraudulent misrepresentation, and the trial court granted summary judgment for Jones on the theory that only factual misrepresentations, not opinions, are actionable; the Oltmers appealed.
Whether a statement of opinion that reasonably implies knowledge of justifying facts may be treated as a statement of fact actionable as fraudulent misrepresentation.