Man never planned to sell home, suit alleges

WINFIELD – A Putnam County property dispute has ended up in court.

Troy D. Taylor filed suit against Charles T. Hatfield last month in Putnam Circuit Court.

On Sept. 20, 2006, Taylor says he and Hatfield entered into a written agreement for him to purchase property from Hatfield in Hurricane for $67,000. He gave Hatfield $7,000 as earnest money, and Hatfield gave Taylor a set of keys to the house.

Taylor says he planned to used the house as rental property, and he had the home inspected, utilities transferred to his name and did some repairs so he could rent it as soon as the sale was complete.

But Taylor then says the sale never was completed despite his "repeated requests" to do so and despite "multiple promises" by Hatfield that he would do so.

"When it became clear that the defendant was not going to fulfill his agreement and sell the house to plaintiff, plaintiff requested a refund to return plaintiff's deposit or reimburse him," the suit says. "However, defendant refused to return plaintiff's deposit or reimburse him.

"Defendant represented that he had spent the money on his son's college tuition. Regardless, plaintiff has made multiple good faith attempts to obtain his money before having to institute litigation, all of which have been refused or ignored."

Taylor says Hatfield is guilty of fraud, conversion, breach of contract and breach of duty of good faith and fair dealing. He seeks damages, including the return of his $7,000 earnest money and reimbursement for the expenses he made in connection with the house. He also seeks pre- and post-judgment interest, attorney fees, costs and punitive damages.

Taylor is represented by Hurricane attorney Richard E. Holtzapfel, and the case has been assigned to Circuit Judge Ed Eagloski.

Putnam Circuit Court case number: 08-C- 31