Couples involved in litigation over Galveston property sale

John Suayan, Galveston Bureau Dec. 12, 2011, 6:49am

GALVESTON - James E. Scott III and his spouse, Brenda, allege Federico and Alma Garcia failed and refused to complete the purchase of certain real property in Galveston.

According to a lawsuit filed Nov. 14 in Galveston County Court at Law No. 1, the Garcias did not disclose to the Scotts any reason why the transaction involving the property at 23009 Gulf Drive could not be completed.

Recent court documents show both parties entered into a contract for the sale on Sept. 9.

Earnest money in the amount of $2,000 was tendered to and accepted by Stewart Title Co. as escrow agent three days later, the suit states.

The company then issued its commitment for title insurance indicating no substantial defects or obstacles to closing the sale. An Oct. 31 deadline was set for consummating the purchase and sale of the property.

The suit further explains that "any necessary inspections of the property were satisfactorily completed, and the contractual provisions pertaining to the defendants' third-party financing were fully satisfied," however, the respondents did not fulfill their contractual obligations.

"Moreover, the contract between the parties expressly provides that the plaintiffs may seek the remedy of specific performance in the event of default by the defendants," the original petition says.

Attorney Thomas W. McQuage of Galveston is representing the plaintiffs, and Galveston County Court at Law No. 1 Judge John Grady is presiding over the case.

Cause No. 66,356

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