A Galveston County woman is suing a Miami resident, a real estate company and one of its agents, alleging they misrepresented a property being for lease when it was in foreclosure proceedings.
Samantha Vanskike filed a lawsuit Oct. 9 in Galveston County District Court against Shlomy Padlon of Miami, RE/MAX Leading Edge in Galveston and agent Gerri Empey, alleging breach of contract, fraudulent inducement, common law fraud, constructive fraud and negligent misrepresentation.
According to the complaint. on Feb. 12, Vanskike entered into a written contract with Padlon for the lease to property at 3308 Kleinmann Ave., Galveston. The suit states Padlon would lease the property to Vanskike from March 1, 2015 to Feb. 29, 2016, and would enter into a purchase agreement if Vanskike could purchase the property.
The lawsuit states Vanskike tendered $24,000 for the right to occupy the property, as well as an additional security deposit of $2,000. Padlon and RE/MAX Leading Edge represented that Padlon and his wife were the owners of the property and had the right and ability to enter into the lease agreement with the plaintiff, as well as alleging the property was indeed for lease and available, the suit says.
The complaint alleges these representations were false, and the property was, in fact, in foreclosure proceedings and anyone moving into it could be in jeopardy of being evicted. The suit says Vanskike is being forced to vacate the property due to foreclosure proceedings.
Vanskike seeks monetary relief of less than $100,000, including damages, penalties, costs, expenses, pre-judgment interest and attorney fees. She is represented by attorney Chuck Portz of Portz & Portz in Houston.
Galveston County District Court case number 15-cv-1087.