Plaintiffs filed a complaint against defendants, Rodney Bruner and Century 21, for violating section 4852d()(4) of the Residential Lead-Based Paint Hazard Reduction Act of 1992. Defendants moved to dismiss pursuant to Section 2-615 of the Illinois Rules of Civil Procedure because they were not the seller's agent, thus Section 4852d(a)(4) did not apply to them. The court held that "the clear statutory mandate under the subject Act is to impose responsibility to ensure compliance solely on the seller's real estate agent and not the buyer's agent." Therefore, the buyer's agent has no duty under section 4852d(a)(4) and the court properly dismissed plaintiffs' complaint. Griffin v. Bruner, No. 2-02-0898 (2d Dist. July 15, 2003).
