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SOUTHEAST TEXAS RECORD

Wednesday, April 24, 2024

Real estate company alleges homeowners association violated lease

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GALVESTON — A Galveston real estate company is suing a homeowners association and board members, alleging defamation and breach of an exclusive lease agreement.

Charna Graber Real Estate Inc., doing business as Closing Time Properties, filed a lawsuit Oct. 24 in Galveston County District Court against The Victorian Owners Association, Inc., Troy R. Caldwell and Carol Witherspoon, alleging lease violations. 

According to the complaint, on April 1, Closing Time entered into an three-year exclusive lease of a 200-square foot office space with the defendants for a rent of $300 per month. The suit says Closing Time has suffered damages to its good name and reputation and for not enjoying the benefits of the bargain.

The lawsuit states the defendants failed to provide the exclusive rights to real estate services to the condominium unit owners, failed to provide utility services and a quiet environment of the leased premises and maliciously published false and defamatory statements to the detriment of the plaintiff's reputation.

Closing Time Properties seeks trial by jury, an order requiring the defendants to honor the agreement, monetary relief of up to $500, attorney fees, court costs and interest and all other relief. It is represented by attorney Thomas W. McQuage of Galveston.

Galveston County District Court Case number CV-77364

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