Justice SPOMER delivered the judgment of the court, with opinion:
¶ 1 In this consolidated appeal, the plaintiffs, Joshua C. Olson, Lydia K. Olson, Elton Dintelman, Beverly Dintelman, Beryl L. Foreshee, Jr., Dorothy M. Foreshee, Kelly R. Blakely, and Daniel J. Lusicic, Jr., appeal from the September 20, 2010, order of the circuit court of Madison County, which dismissed all of their claims against the defendants, Hunter's Point Homes, LLC, James D. Hettler, Jason C. Coleman, Amy Sujanani (in the Olson and Foreshee cases), Diana Naney (in the Lusicic case), Tina Ziegler (in the Foreshee case), Tina Besserman (in the Blakely case), and Century 21 Bailey & Co. (Century 21). For the reasons that follow, we affirm in part and reverse in part and remand for further proceedings.
¶ 3 Because the claims in each of the cases on appeal are substantially similar,
¶ 4 In count I, the plaintiffs alleged a cause of action for common law fraud against Hunter's Point Homes. In count II, the plaintiffs alleged a cause of action against Hunter's Point Homes pursuant to the Illinois Consumer Fraud and Deceptive Business Practices Act (the Consumer Fraud Act) (815 ILCS 505/1 et seq. (West 2010)). Counts III and IV alleged Consumer Fraud Act claims against James Hettler and Jason Coleman, respectively. Count V alleged a piercing-the-corporate-veil theory against James Hettler and Jason Coleman with respect to any liability on the part of Hunter's Point Homes. Count VI alleged a cause of action against Hunter's Point Homes for ordinary negligence, and counts VII and VIII alleged causes of action against James Hettler and Jason Coleman, respectively for promissory estoppel. Count IX alleged a cause of action for negligent or intentional misrepresentation against real estate agent Amy Sujanani, and count X alleged Century 21 is vicariously liable for the acts and omissions of Ms. Sujanani. The operative complaints in all of the cases contained no allegations against J. Coleman Enterprises or TLC Construction of O'Fallon, although both were named defendants in the caption of the complaints.
¶ 5 Century 21 and its agents filed answers in all of the cases where they were named as defendants. In all of the cases, Hunter's Point Homes, Jason Coleman, and James Hettler filed motions to dismiss counts I through VIII of each complaint. On June 23, 2010, the circuit court entered an order dismissing all of the claims of the various plaintiffs based on the Moorman doctrine and ordered the plaintiffs to advise within 30 days whether they would seek to amend their complaints or would stand on their pleadings. The plaintiffs never sought to amend their pleadings, and on September 20, 2010, the circuit court entered an order dismissing all the claims of all of the plaintiffs with prejudice. On October 19, 2010, the plaintiffs filed a timely notice of appeal.
¶ 7 The standard of review for a dismissal of a complaint, whether pursuant to
¶ 8 In this case, the circuit court dismissed all of the counts of all the complaints based on the Moorman doctrine. Pursuant to the Moorman doctrine, a party may not recover in negligence for a purely economic loss. Moorman Manufacturing Co. v. National Tank Co., 91 Ill.2d 69, 86-87, 61 Ill.Dec. 746, 435 N.E.2d 443 (1982). However, it is clear that under Illinois law, economic loss is recoverable where one intentionally makes false representations. Id. at 88-89, 61 Ill.Dec. 746, 435 N.E.2d 443. Additionally, an exception to the Moorman doctrine exists where one who is in the business of supplying information for the guidance of others in their business transactions makes a negligent representation. Id. Consequently, a plaintiff may recover economic losses in negligence from a real estate broker. Zimmerman v. Northfield Real Estate, Inc., 156 Ill.App.3d 154, 164, 109 Ill.Dec. 541, 510 N.E.2d 409 (1986). While a seller of real estate does not fall under this Moorman exception, and thus a plaintiff cannot recover for economic losses under a theory of negligence, a plaintiff may recover from a seller of real estate where intentional misrepresentation is sufficiently alleged. Id.
¶ 9 Applying these principles to the operative complaints in the cases at bar, using the Olson complaint as the example, we conclude that counts I through V, which allege common law fraud and a violation of the Consumer Fraud Act (815 ILCS 505/1 et seq. (West 2010)) against the seller defendants, were not properly dismissed on the basis of the Moorman doctrine because they contain allegations of intentional misrepresentation. Count VI, which alleges negligent misrepresentation on the part of the sellers, was properly dismissed on the basis of Moorman, and we affirm the dismissal of count VI. Counts VII and VIII allege theories of promissory estoppel, which is a theory of recovery to which Moorman does not apply because it does not contain allegations of negligence. Finally, counts IX and X, against the broker defendants, were not properly dismissed on the basis of the Moorman because real estate brokers can be said to be in the business of supplying information to others in their business transactions and, thus, can be held liable for negligent misrepresentation. Zimmerman, 156 Ill.App.3d at 164, 109 Ill.Dec. 541, 510 N.E.2d 409. Moreover, we note that the broker defendants answered the operative complaints in all the cases before us on appeal and did not move to dismiss the counts against them. In summary, the only count of the operative complaints in the cases at bar that was properly dismissed pursuant to the Moorman doctrine is count VI, which alleges negligent misrepresentation on the part of Hunter's Point Homes, the sellers of the real estate at issue.
¶ 10 Because we can affirm the circuit court's order dismissing the remaining counts on any basis in the record, we will address the alternative arguments set forth by the defendants in their briefs. First, the seller defendants, Hunter's Point Homes, James Hettler, and Jason Coleman, argue that counts I through V, alleging common law fraud and violations of the Consumer Fraud Act (815 ILCS 505/1 et seq. (West 2010)), were properly
¶ 11 Likewise, we decline to affirm the dismissal of counts I through V of the various complaints on the basis that they lack specificity regarding what misrepresentations were made, who made the representations, and to whom they were made. We find the complaints sufficient to put the defendants on notice of the claims that are being made. It is clear that the plaintiffs are alleging that, prior to their executing the real estate purchase contracts at issue, agents and employees of Hunter's Point Homes and Century 21 made representations to them regarding the ability of the plaintiffs to build in their yards and compliance of the existing structures with codes and easements. We believe these counts meet the requirements of section 2-612(b) of the Code (735 ILCS 5/2-612(b) (West 2010)), as they reasonably inform the defendants of the nature of the claims against them. The details of these representations can be borne out by discovery and we find no reason to affirm the dismissal of counts I through V on this basis.
¶ 12 We also reject the defendants' argument that we should affirm the dismissal of counts II, III, and IV of the various complaints, which allege causes of action for common law fraud and violations of the Consumer Fraud Act against Jason Coleman and James Hettler individually, both on a theory that they themselves made misrepresentations to the plaintiffs, and in count IV, based on a corporate-veil-piercing
¶ 13 We now turn our attention to counts VII and VIII of the complaints, which allege causes of action based upon promissory estoppel against Hunter's Point Homes and James Hettler, respectively. Promissory estoppel is unavailable when an enforceable contract between the parties exists. Prentice v. UDC Advisory Services, Inc., 271 Ill.App.3d 505, 512-13, 207 Ill.Dec. 690, 648 N.E.2d 146 (1995). Here, the parties have acknowledged the existence of contracts to purchase the real estate at issue in all of the cases. Accordingly, we must affirm the circuit court's dismissal of counts VII and VIII in the various complaints.
¶ 15 For the foregoing reasons, we reverse the dismissal of counts I through V in all the complaints, as well as the counts for negligent misrepresentation against the broker defendants, which are counts IX and X in the Olson complaint.
¶ 16 Affirmed in part and reversed in part; cause remanded.
Presiding Justice DONOVAN and Justice GOLDENHERSH concurred in the judgment and opinion.