HOUSTON – A Houston man alleges the wine cellar in a home he purchased does not comply with the contractor's representations.
Martin Lyus filed a complaint on Aug. 13 in the Harris County District Court against Smith Family Homes LLC alleging breach of express and implied warranties, breach of contract and citing the Texas Deceptive Trade Practices Act.
According to the complaint, the plaintiff alleges in reliance to the defendant's representations that the home would contain a professional wine cellar with adequately sized cooling unit, he purchased the property located at 3114 Virginia St., Houston. He alleges the cooling system is undersized and needs replaced and a radiator was placed inside the wine cellar.
The plaintiff holds Smith Family Homes LLC responsible because the cellar allegedly did not comply with the defendant's representations and the terms of their contract.
The plaintiff requests a trial by jury and seeks monetary relief of $100,000 or less and all other relief to which he is entitled. He is represented by Andrew J. Cobos and Harrison Royalty of Bell Rose & Cobos in Houston.
Harris County District Court case number 2018-54128