Homeowner's suit alleges seller knew house had faulty foundation

David Yates Jun. 24, 2008, 7:39am

Claiming she was sold a home with a faulty foundation, Wendy Carbone is suing the person who sold her the home, Christopher Plaunty, and the person who owned the home before her, Brandon Barnhart.

Carbone's suit was filed June 23 in the Jefferson County District Court.

According to the plaintiff's petition, in March 2007 Carbone was shown a home for sale at 5190 Stardust in Beaumont, which was owned by Barnhart.

"Prior to purchasing the home, Plaintiff relied upon the written representations and warranties made by Barnhart," the suit says. "The home was purchased and the closing date of the sale was April 18, 2007."

After she moved in, Carbone began to discover and uncover "undisclosed, concealed and hidden defects and problems regarding the foundation of the home," the suit says.

"Plaintiff subsequently learned that Defendant Barnhart knew of numerous problems, including prior foundation damage."

Carbone also believes that Barnhart had apprised Plaunty, a Coldwell Bankers employee, of the home's condition.

"Nonetheless, Barnhart and Plaunty failed to disclose in written disclosures or otherwise about the problems," the suit says. "As a result of the material misrepresentations, fraudulent concealment and negligent acts and omissions by the Defendants, Plaintiff has suffered damages."

The five count suit accuses the defendants of breach of contract, breach of warranties, Texas Deceptive Trade Practice Act violations, fraud and fraudulent concealment.

Carbone is suing for actual and consequential damages, plus attorneys' fees.

She is demanding a trial by jury and is represented by attorney Hart Green of the Weller, Green, Toups & Terrell law firm.

Judge Gary Sanderson, 60th Judicial District, has been assigned to the case.

Case No. B181-953

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