Bacliff couple claims broker sold them house that was not windstorm compliant

John Suayan, Galveston Bureau Oct. 31, 2011, 8:00am

GALVESTON - Bacliff residents Rodney and Stephanie Orgeron claim Terra Grace LP and Tanya Coury sold them a house that was not windstorm compliant, recent court documents say.

A lawsuit filed Oct. 20 in Galveston County Court at Law No. 2 states certain portions of the subject property prevented the Orgerons from obtaining a WPI-8 certificate as well as a windstorm insurance policy.

According to the original petition, both parties entered into a broker agreement in which the respondents "agreed to provide brokerage services and help the plaintiffs find a suitable house in exchange for a commission."

The complainants say they were searching for a house that would meet the Texas Department of Insurance's standards for windstorm compliance and passed the concern along to the defendants.

The Orgerons then located the residence in question and purchased it through a cash sale for $144,000.

A 6 percent commission and an additional $1,000 bonus went to the respondents.

It was after the transaction's completion when the plaintiffs learned the house was ineligible for windstorm coverage, the suit says.

An inspector examined the home and determined it will need repairs and additional engineering.

The suit further explains that the Orgerons notified the defendants about their claim in August, but did not get a response.

Consequently, the plaintiffs seek approximately $35,000 in damages.

They are represented by Barlow Jones.

The case has been assigned to Galveston County Court at Law No. 2 Judge Barbara Roberts.

Cause No. 66,213

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