Robbie Hargett Nov. 6, 2015, 1:53pm


A San Leon husband and wife are suing a realty firm and a Galveston County man, alleging they misrepresented a certain property during its sale and purchase.

Gordon R. Little Jr. and Lisa Capece-Little filed a lawsuit Nov. 4 in Galveston County District Court against Lee Paterson & Associates and Matthew D. Wiggins Jr., alleging fraud, fraudulent inducement, breach of fiduciary duty, breach of good faith and fair dealing, unjust enrichment and deceptive practices.

According to the complaint, on Feb. 11, 2014, the plaintiffs and Wiggins entered into an agreement for the purchase and sale of unimproved property at 2538 Cliff Drive, San Leon, marketed and promoted by Lee Paterson & Associates as a waterfront property. On April 14, 2014, the plaintiffs purchased the property but decided not to develop it, offering it for sale Nov. 4, 2014, the suit says.

The plaintiffs then learned the property was not a waterfront property, and in the deed the defendants omitted the operative clause, "between this lot and Galveston Bay," thereby not transferring the property that directly fronted the water, the suit says.

The suit alleges the defendants falsely represented the property and fraudulently induced the plaintiffs into entering into a purchase contract, and that the defendants have refused to correct the deed.

Little and Capce-Little seek to recover sums paid to Wiggins at closing, related closing charges, interest, court costs and attorney fees. They are represented by attorney James Otis Tracy of Houston.

Galveston County District Court case number 15-cv-1178.

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