Homeowners assert they bought house rife with 'many' defects

GALVESTON - Local residents John R. Klein and Cheri Harmon-Klein are suing over what they believe are "many" defects and deficiencies to their home, recent court documents say.

Their lawsuit, filed Sept. 24 in Galveston County District Court, shows they bought the residence in question for $720,000 from Perry Homes LLC, Phi Holding Inc., Perry Home Contractors Inc. and Perry Homes Building Co.

According to the suit, the defendants convinced the owners to make the purchase by representing that the house would be built in accordance to the International Residential Code, all hurricane damage had been repaired, said home was of quality construction and an express warranty would be provided and honored.

The claimants assert that the respondents lied to them as the aforementioned defects and deficiencies "exceeded the performance standards of the warranty and created conditions unfit for human habitation."

"Even though the owner(s) had the home inspected prior to closing, the defects and deficiencies of which owner(s) complain are latent defects that could not be discovered by the usual 'pre-purchase' inspections," the original petition says.

It adds the defendants failed to repair the defects as well as violated the terms of the parties' contract and warranty, stating the purported damages total more than $200,000

A jury trial is requested.

Attorney Patrick Connell McGinnis of McGinnis Featherston & Canady in Houston is representing the complainants, and Galveston County 122nd District Court Judge John Ellisor is presiding over the case.

Case No. 13-CV-1231