West Virginia Record

Tuesday, April 7, 2020

Boone County couple claims they were sold a dud home

By Chris Dickerson | Dec 8, 2005

CHARLESTON – A Boone County couple claims they were sold a bad manufactured home and want out of the deal.

In a lawsuit filed Dec. 2 in Kanawha Circuit Court, Dennis L. and Donna R. Craddock say Fleetwood Retail Corporation of West Virginia sold them a new home that didn't conform to company warranties and that Fleetwood didn't make repairs necessary to improve the home under the warranties.

As a result, the suit claims the Craddocks suffered monetary loss, damages, severe emotional and mental distress, aggravation, anxiety, annoyance and inconvenience after signing the contract on Dec. 29, 2003.

The Craddocks seek money damages and equitable relief under the West Virginia Consumer Credit and Protection Act, the Uniform Commercial Code and the Magnuson-Moss Warranty Act.

In addition to wanting the contract with Fleetwood canceled, the Craddocks want a judgment stating Fleetwood violated the acts and codes mentioned earlier as well as a permanent injunction against Fleetwood to stop engaging in such acts. Also, an injunction is sought to make Fleetwood establish an ongoing training program for employees on the subject of consumer rights in West Virginia.

In the suit, filed by Timothy J. LaFon of Ciccarello, Del Giudice & LaFon, the Craddocks seek damages to be determined during the trial. They also seek damages for distress and anxiety as well as incidental damages, punitive damages, court costs and attorney fees.

Additionally, the suit calls for damages of up to $200 for Fleetwood violating the West Virginia Consumer Credit and Protection Act.

The case has been assigned to Judge Irene Berger.

Kanawha Circuit Court case number: 05-C-2660

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