The seller of a Galveston, TX, beach house is suing its buyers, alleging the buyers did not follow through on the requirements of their sales contract.
David N. Walther filed suit Aug. 21 against PLV Properties, LLC and D&N Real Estate, LLC in the 56th District Court of Galveston County, TX.
The complaint says that on July 2, 2022, the plaintiff, as seller, agreed to sell the defendants, as buyer, property at 1015 39th St. in Galveston for $498,000. According to the complaint, the cash portion of the sales price was $199,200 and $298,000 was to be financed. The filing says the defendants tendered the required earnest money of $4,980 to Chicago Title of Texas, LLC, and delivered the $350 option fee to the plaintiff.
The complaint alleges the buyers did not follow through on their responsibility to seek financing. Instead, it says, “Defendants presented a letter from Southwestern National Bank stating Defendants’ loan application had been withdrawn because Defendants were ‘unable to obtain credit approval.'" The plaintiff alleges the defendants concealed that the loan application was withdrawn because the defendants “refused to provide Southwestern National Bank with reasonable, customary and necessary information to process the credit application.”
The plaintiff seeks actual damages and a court order of specific performance compelling the defendants to purchase the property from the plaintiff in accordance with the terms of the contract. The plaintiff also seeks legal fees, interest, costs of suit, and any other just relief.
The plaintiff is being represented by Brian P. Cweren of the Cweren Law Firm, PLLC in Houston.
The 56th District Court of Galveston County, Texas, case number 23-CV-1340