Botched sale of Bayou Vista home subject of lawsuit

John Suayan, Galveston Bureau Sep. 9, 2013, 4:35pm

GALVESTON - Local residents Bryan and Kristen Smith are suing Dickinson local John Beverlin in response to a failed housing transaction, recent court papers say.

A lawsuit filed Sept. 4 in Galveston County District Court claims Beverlin agreed to purchase the Smiths' Bayou Vista residence only to back out at the last minute.

The parties reportedly had a contract calling for the defendant buy the property in question.

According to the original petition, a day before the scheduled closing, Beverlin notified the Smiths by way of his realtor that "he was breaching the contract and would not purchase the house because he did not want to pay flood insurance in the following year."

The complainants further show that the respondent "unlawfully" stopped short of completing the deal during the term of the contract and outside the termination option time period of 15 days.

"The contract is valid and enforceable," the suit says.

"The contract terms are clear enough that the parties know their obligations."

Beverlin also refused to complete a transaction on a Fort Bend County home belonging to the Smiths, the suit adds.

Consequently, the plaintiffs seek unspecified monetary damages.

They are represented by attorney John V. Mastriani of The Mastriani Law Firm in Houston.

Galveston County 212th District Court Judge Susan Criss is presiding over the litigation.

Case No. 13-CV-1160

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