Home buyer claims agent concealed structural defects

Kelly Holleran Aug. 23, 2010, 3:35am

A Jefferson County woman has filed suit against the realtor who she says kept important information from her regarding the structural integrity of her home.

Vanessa Bottley claims she hired defendant Dayna Simmons, an agent for defendant Coldwell Banker, to assist her with the purchase of a home.

According to the complaint filed Aug. 12 in Jefferson County District Court, Bottley found a home within her price range at 1740 Rena St. in Beaumont that she decided to purchase.

Bottley had the home inspected by Home Team Inspection Service, and the inspection revealed structural problems that would need repair, the suit states. However, the agent never informed Bottley of the home's problems, the complaint says.

"The report from this inspection appears to have been sent to Defendants Simmons and Coldwell Banker on or about January 26, 2009," the suit states. "This report was not provided to Plaintiff."

Only after she closed on the home on Feb. 25, 2009, did Bottley begin to notice problems. She contacted Coldwell Banker about her home's potential structural issues and received a copy of the inspection report for the first time on July 2, 2009, according to the complaint.

Bottley claims the seller Virgie Rawls also hid the problems from her by failing to reveal any structural issues in her seller's disclosure.

"Taken together, the actions of the Defendants induced Plaintiff to purchase a home that has structural deficiencies that require extensive repairs," the suit states.
In her complaint, Bottley alleges fraud by nondisclosure, common law fraud and negligent misrepresentation against the defendants.

She seeks actual, punitive and exemplary damages, plus attorney's fees, costs, pre- and post-judgment interest and other relief to which she may be entitled.

Ryan C. Scott of The Scott Law Firm in Beaumont will be representing her.

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

Jefferson County District Court case number: D187-540.

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