Property owners blame homebuilder for mold troubles

By Philip Gonzales | Apr 10, 2017

GALVESTON — Galveston County property owners are suing a Houston homebuilder, citing alleged breach of express and implied warranties.

GALVESTON — Galveston County property owners are suing a Houston homebuilder, citing alleged breach of express and implied warranties.

Mark and Christy Dominy filed a complaint on March 17, in the Galveston County District Court against K. Hovnanian of Houston II LLC formerly known as K. Hovnanian of Houston II LP alleging refusal to address any of the ongoing mold issues.

According to the complaint, the plaintiffs allege Mark and Christy Dominy suffered mold contamination in a home they purchased from K. Hovanian, rendering it uninhabitable. They say they were forced to move out of the property and have expended money to retain a mold inspection company. The lawsuit states the builder refused to reimburse $15,440.81 to the plaintiffs for expenditures to combat the mold.

The plaintiffs allege K. Hovnanian falsely guaranteed that the residence would be safe, sanitary and fit for humans to inhabit for 10 years and failed to resolve the mold problems.

The Dominys seek trial by jury, monetary relief between $200,000 and $1 million and all other proper relief. They are represented by attorney Stephen Paxson of Paxson & Associates PC in Houston.

Galveston County District Court Case number 17-cv-0330

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