WEST VIRGINIA RECORD

WHEELING – An Ohio County woman is suing over claims her mother found structural problems with her home when she attempted to sell it.

Bettie Vdovjak, as attorney in fact for Rebecca L. Vdovjak, filed a lawsuit Aug. 26 in Ohio Circuit Court against NRV Inc., doing business as Ryan Homes, citing breach of contract.

According to the complaint, Rebecca Vdovjak and her late husband purchased a house from Ryan Homes on Raven Avenue in North Park, Wheeling, but shortly after the rear retaining wall bowed due to structural problems. The complaint states Ryan Homes repaired the retaining wall, but in April 2014, when Vdovjak agreed to sell her house, an inspector found significant structural problems with that same retaining wall.

The lawsuit states that a $34,200 bid from Northgate Contractors to repair the wall was obtained, and Vdovjak agreed to escrow $31,700 for the repair in order to close on the sale of the home. According to the lawsuit, Bettie Vdovjak then discovered a letter to Rebecca Vdovjak's late husband in which Ryan Homes professed that the repaired wall was stable but promised to make any future repairs. Bettie Vdovjak says they contacted Ryan Homes, which failed to honor the warranty, so the work was done by Northgate Contractors. The defendant is accused of breach of contract and breach of implied warranty.

Bettie Vdovjak seeks damages, attorney fees and interest.

She is represented by attorney Frank X. Duff of Schrader, Byrd & Companion in Wheeling. The case has been assigned to Circuit Judge Ronald E. Wilson.

Ohio Circuit Court case number: 14-C-337-REW