A Galveston County couple has sued a real estate company and three affiliated individuals, alleging negligence and breach of warranty in a property listing and sale.

Jim and Sandra Concagh filed a lawsuit Dec. 23, 2014, in Galveston County District Court against Better Homes and Gardens Real Estate, Gary Greene, Kelly Paul, Dean Thompson and Weichert Workforce Mobility Inc., citing fraud in a 2013 property transaction.

According to the suit, the Concaghs responded to a home listing posted by Paul in August 2013 and the property at 3956 Hannahs Way, League City, was listed at 5,497 square feet.

The plaintiffs entered into a contract for $684,900, the suit states, but when the couple’s lender’s appraisal showed the property to be fewer square feet than advertised the defendants refused to adjust the price.

The defendants agreed to proceed with the sale only with a signed release related to the alleged misrepresentation, according to the suit, even though the home is worth less than the purchase price and the defendants were aware of the error.

The Concaghs cited breach of contract and violation of the Texas Deceptive Trade Practice Act.

The plaintiffs seek damages between $50,000 and $100,000, attorney fees, expenses and costs. They are represented by attorneys Christopher Johnson and Julie Berkshire of Lyons & Plackemeier in Texas City.

Galveston County District Court case number: 14-CV-1341

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