WEST VIRGINIA RECORD

Sept. 5
AWM Homes, Inc. v. John S. Austin and Tisha N. Austin
PA - Christopher P. Stroech; J - Steptoe
* AWM Homes, a Virginia corporation, recently filed a complaint against John Austin and Tisha Austin. The parties entered into a Real Estate Sales Contract on Oct. 21, 2007 for a piece of property in the Shannondale Subdivision for $308,000, agreeing to close on the property on or before Nov. 30, 2007. As of Sept. 5, the defendants have failed to close on the property. The defendant has elected not to accept the $500 initial deposit as liquidated damages that was paid to ERA Liberty Realty. The parties executed a valid contract on or around Oct. 21, and the defendants materially breached their obligations under contract by failing to close on the property as required in the contract. The plaintiff has been damaged in an amount to be determined at trial including foreseeable and consequential damages, fees, costs and punitve damages.
Case number: 08-C-349