Friendswood homeowners claim hardwood floors are defective

John Suayan, Galveston Bureau Jul. 18, 2011, 2:28pm

GALVESTON - Sean and Kari Tracey are suing Monster Hardwood Floors and Supply LLC, T&L Distributing LP and ITS Flooring LLC over the flooring in their Friendswood home.

According to a lawsuit filed July 14 in Galveston County Court at Law No. 2, the defendants misrepresented competence in providing a good and workmanlike product for the Traceys' residence and therefore are in violation of the Deceptive Trade Practices Act.

The original petition explains that the respondents and the home's builder entered into a contract for the purchase of the subject flooring.

"Prior to the execution of the contract, the defendants represented that they were competent to act as the general hardwood suppliers for the residence," the suit says.

"The defendants represented and agreed that the hardwood floors purchased by the builder would suffice and be consistent with generally accepted standards for hardwood floors of such represented high caliber."

Cosmetic problems began to surface shortly after the complainants moved into the house at the beginning of the year, the suit adds.

Reportedly notable among them are the water stains, which the Traceys say are impossible to clean.

The plaintiffs add that the defendants "have unjustifiably and without just cause refused to repair or replace the floors."

Consequently, they seek unspecified monetary damages.

Sean Tracey is representing his wife and himself in the case with additional representation from attorney A. Craig Eiland of Galveston.

Galveston County Court at Law No. 2 Judge Barbara Roberts is presiding over the case.

Cause No. 65,638

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