Couple sues agent over real estate deal gone bad

Kelly Holleran Aug. 25, 2009, 7:15am

A Beaumont couple has filed suit against their real estate agent, his wife and two other corporations, alleging the agent moved into the couple's home but failed to pay for it.

Todd and Dawn Senters claim they entered into a listing agreement with agent Christopher Magliochetti on April 27, 2007, to sell their home at 14403 Red Tailed Hawn Lane in Houston.

According to the complaint filed Aug. 21 in Jefferson County District Court, the Senters were asking $190,500 for the house, but amended the listing to $185,000 on July 26, 2007, after Magliochetti and his wife Kimber signed a contract to purchase the home themselves.

The Magliochettis were supposed to make an earnest money deposit of $1,000, but the Senters claim they never received the money from defendant First American Title Co. Later, they discovered that the Magliochettis had never paid the earnest money deposit, according to the complaint.

In addition, closing papers were signed, but the Senters never received any money for the sale of their house, the complaint says.

"Although no funds were ever received by the Plaintiffs, the Defendants, Christopher and Kimber Magliochetti, were furnished keys to the residence by Defendants, First American Title Company and/or Re by the Bay, and had already moved their possessions into the Plaintiffs' home," the suit states.

The Senters claim they granted the Magliochettis a residential lease that allowed them to remain in the Senters' home until they could pay for it.

After a few months, the Senters and the Magliochettis entered into a second contract to purchase the home, but, again, the funds did not come through, according to the complaint.

"When a third contract was executed and still no funds were received, the Magliochettis finally moved out in April, 2009, two years from the date of the original listing," the suit states.

The Senters are seeking treble and discretionary damages, plus attorneys' fees, costs and other relief the court deems just.

They will be represented by Brandon P. Monk of The Monk Law Firm in Port Arthur.

The case has been assigned to Judge Milton Shuffield, 136th District Court.

Jefferson County District Court case number: D184-758.

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