Joel Brakken Oct. 30, 2013, 8:10am
BECKLEY - A couple are suing a home inspector and a real estate company after they allegedly discovered a mold problem in their newly purchased home.
Barry and Catherine Elliot filed a lawsuit Oct. 16 in Raleigh County Circuit Court against Envirospec Home Inspection Services Co. LLC, Jack R. Grimes, PARR, WV Realty Pros and Darlena McMillion, citing breach of contract, breach of covenant of good faith and fair dealing, fraud, constructive fraud, intentional and negligent misrepresentation, unjust enrichment, unconscionability, breach of fiduciary duties, violation of the West Virginia Consumer Credit and Protection Act and punitive damages.
The plaintiffs say that in the spring they bought a home in Beckley through an agent with WV Realty Pros.
They say based off suggestions from WVRP and Darlena McMillion, they contracted with Envirospec and Jack Grimes to complete a home inspection.
They allege that Grimes and Envirospec acted negligently in providing a home inspection and the defendants knew or should have known the home had a mold problem and covered up the issue in order to sell the home.
The Elliots are seeking an undisclosed amount of compensatory and punitive damages. They are being represented in the case by attorney D. Adrian Hoosier II of The Hoosier Law Firm LLC.
Circuit Court of Raleigh County Civil Action No. 13-C-841