Woman sues Weiler Realty Group, others for not honoring contract

HUNTINGTON -- A woman is suing the Weiler Realty Group, the Janes Irrevocable Trust and the Cloister Corporation for not honoring a contract.

Ken Gainer, Jack E. Moore and Michael D. Janes also were named as defendants in the suit.

On Nov. 22, 2009, Paula L. Harbour, Constance Hayden, Amy Hayden and her fiance toured the Imperial House Condominiums with Gainer and spent approximately two hours touring units and reviewing options for interiors in the different units, according to a complaint filed March 3 in Cabell Circuit Court.

On Nov. 30, 2009, Harbour entered into a contract with the defendants to purchase property for $199,400, with additional agreements that the kitchen cabinets were to be changed at no additional charge.

Harbour claims the defendants accepted $1,000 in earnest money.

The closing was to be on or before Feb. 23, but on Dec. 21, 2009, Gainer informed Harbour that he was no longer willing to honor the contract and returned her $1,000, according to the suit.

On Dec. 24, 2009, Harbour received a letter from Andrew H. Miller at Flynn, Max, Miller & Toney, informing her that "his clients could not in good faith expose other occupants...to the situations reported by Ms. [Constance] Hayden's former neighbors," according to the suit.

Harbour is seeking for a temporary injunction prohibiting the sale of the property. She is being represented by Marsha Dalton.

The case has been assigned to Circuit Judge David M. Pancake

Cabell Circuit Court case number: 10-C-181