Two Jefferson County residents claim the owners of their subdivision failed to follow through on promises to erect various facilities, including security gates, a clubhouse and a swimming pool.
Keith and Rebecca Sanders filed a lawsuit March 18 in Jefferson County District Court against Liberty Plantation, LBP Properties, Thomas and Carol Aikin and Ryan Aikin.
In their complaint, the Sanders claim they agreed to purchase property in a subdivision called Eagle Falls, which is located in Trinity County, on Aug. 15, 2009, for $74,900.
Liberty Plantation, which owns the subdivision, promoted the land as “Lake Livingston’s premier new development, offering you the unique opportunity of having that place on the lake that you have always dreamed of,” the suit states.
Liberty Plantation also promised to complete various facilities in the subdivision by December 2010. These included security gates, covered boat slips, a clubhouse, a swimming pool, a basketball court, a boat launch and a crappie fishing house, the complaint says. However, the amenities have never been completed, the Sanders claim.
The Sanders allege Liberty Plantation and the remaining defendants breached their contract, committed fraud in a real estate transaction, violated the Deceptive Trade Practices Act, breached warranties, committed common law fraud and engaged in negligent misrepresentation.
In their complaint, the Sanders are seeking unspecified damages, plus pre- and post-judgment interest, costs, attorney’s fees, exemplary damages and other relief the court deems just.
They will be represented by Paul F. Ferguson Jr. and Cody A. Dishon of Provost Umphrey Law Firm in Beaumont.
The case has been assigned to Judge Donald Floyd, 172nd District Court.
Case No. E194-165
Couple claims owners of subdivision failed to build promised facilities
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