GALVESTON - San Leon local Spencer G. Markle alleges Martha Turner Properties LP and agent Patricia Savage fraudulently sold him some real property in Galveston County, recent court documents say.
A lawsuit filed Dec. 11 in Galveston County District Court asserts the defendants lied to Markle about the subject property being "waterfront," "bayfront" and possessing a "private pier with boat ramps".
"These representations were false and deceptive, and were intended to induce Mr. Markle into purchasing the property," the suit says.
"But for these false representations, Mr. Markle would not have purchased the property."
Markle claims the respondents' documentation indicating the area beyond the land's northern property line was Galveston Bay and was free of any fill prior to the transaction in question was deceptive, stating they were facts known to the respondents "yet they concealed the true nature of the property".
He adds he discovered the property to be not what the defendants described about a week after closing and funding.
According to the original petition, said property's fixtures encroach on state-owned land and "none of these facts were disclosed" to the plaintiff prior to closing.
It states that defendant Savage never obtained an updated survey from the seller.
The suit further insists the property is "unmarketable" because of Savage's reported misrepresentations.
Consequently, Markle seeks unspecified monetary damages.
Attorney John R. Millard with the Law Office of John Millard PC in Sugar Land is representing Markle.
Galveston County 212th District Court Judge Susan Criss is presiding over the litigation.
Case No. 12-CV-3098