Home buyer claims seller failed to make repairs

John Suayan, Galveston Bureau Sep. 12, 2011, 2:17pm

GALVESTON - Charlotte Jones has filed suit against Barbara Aksamit and Edwin Draviam, claiming they failed to honor their part of a house purchasing agreement.

A lawsuit filed Sept. 2 in Galveston County District Court states that Jones bought a home in Texas City from Aksamit and Draviam on the guarantee they would repair any damages the plaintiff discovers after the transaction.

The sellers, however, refused to take care of the structure's reportedly problematic roof and air conditioning system, the suit says.

Both parties entered into a written contract more than three months ago.

During an inspection prior to the sale, the parties noted and agreed that there were several items in need of attention, including but not limited to the foundation, water heater, roof and air conditioner.

The suit says the respondents told Jones that the agreed issues, including the home's roof and air conditioner would be repaired after the sale, and that the repairs would be performed with professional competence.

"The plaintiff believed, based on the representations of the defendants, that the promised repairs would be completely and competently repaired," the original complaint says.

"Because of the defendants' representations, the plaintiff executed the contract to purchase the home."

Jones says the defendants left the roof and the air conditioning system in disrepair and did not inform her about certain parts of the home which were in a state of deterioration.

Consequently, she seeks unspecified monetary damages and a jury trial.

Attorney Elizabeth L. Sandoval of Galveston is representing the plaintiff, and Galveston County 405th District Court Judge Wayne Mallia is presiding over the case.

Case No. 11-cv-1412

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