Couple claims agency sold dilapidated house, sues for deceptive trade

John Suayan, Galveston Bureau Sep. 2, 2009, 12:13pm

GALVESTON - Alleging a Galveston real estate company and a Jamaica Beach home inspection business fabricated a positive report and sold them a dilapidated house, a Bexar County couple is seeking exemplary damages for deceptive trade, recent court documents say.

Charles and Leslie Nance's lawsuit argues that Sand N' Sea Properties and Island Home Inspections knew of a June 2007 evaluation of 1509 17th St. in Galveston which yielded negative results, but conducted another one in a more favorable tone in an effort to get the plaintiffs' business.

The suit was filed in Galveston County District Court Aug. 24.
The Nances, who purchased the residence in question in November 2007, insist they did not know about the original report as they were extremely convinced by that of the defendants until it was too late.

"To their dismay, the property has proven to have many extensive and costly defects," the suit says.

According to the original petition, the defendants' report was clearly negligent at best and contradictory to the first.

"Had the report effectively made note of the same property defects, the plaintiffs would have been put on notice of the problems associated with the property," the complaint says.

"As such, the plaintiffs likely would not have purchased the piece of property that has since only been the source of many damages and great expense."

It ultimately accuses the defendants of real estate law violations, fraud, and civil conspiracy.

"This conduct was committed fraudulently, with malicious intent, or with gross negligence," the suit says. "This deception has caused the plaintiffs to suffer financial and emotional harm."

The preceding home owners, two realtors, and an inspector are named co-defendants.

In addition to monetary compensation, the Nances demand a jury trial.
San Antonio attorneys Tom Joseph and Wes Holland are representing the plaintiffs, and the case has been assigned to Galveston County 56th District Court Judge Lonnie Cox.

Case No. 09CV1535

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