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Discovery Rule Does Not Toll One-Year Limitations Period

01 Jan 2003

The discovery rule does not apply to causes of action brought under the Residential Real Property Act. Penn v. Gerig, 334 Ill.App.3d 345, 778 N.E.2d 325, 268 Ill.Dec. 339 (4th Dist. 2002). Citing the clear language of the statute, the appellate court found, in a matter of first impression, that none of the events that trigger the start of the limitations period is based on the purchaserâ„¢s knowledge. The Court reasoned that the legislative intent of the statute was to have a bright line rule and a specific list of events that trigger the limitations period. Therefore, the Court concluded imposition of a court fashioned discovery rule would contravene the legislative intent of the statute.

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