WEST VIRGINIA RECORD

CHARLESTON -- A Kanawha County couple is suing an individual who is doing business as Assurance Home Inspection after they claim he negligently conducted a home inspection.

On July 9, 2008, Michael Rhodes and Barbara Rhodes contacted Curtis McLeod to conduct a home inspection an provide a home inspection report regarding a home in Charleston they were contemplating on purchasing, according to a complaint filed April 27 in Kanawha Circuit Court.

Mr. and Mrs. Rhodes claim they purchased the defendant's services, which were accompanied by a warranty.

McLeod assured the plaintiffs that there were no significant concerns or safety issues with the home, but shortly after purchase, Mr. and Mrs. Rhodes discovered and experienced repeated defects with the home, according to the suit.

On Aug. 10, 2009, Mr. and Mrs. Rhodes hired a professional engineer to inspect the home in order to assist in evaluating the problems and the cost of repairs, according to the suit.

Mr. and Mrs. Rhodes claim the professional engineer's inspection confirmed that the construction of the home included severe water control defects causing excessive and severe moisture leakage into the basement and accompanying mold growth; the repairs required to make the home safe and habitable would cost tens of thousands of dollars; and the water control and basement leakage issues should have been discovered by McLeod during his home inspection.

The plaintiffs claim they attempted to contact McLeod to resolve their claims and mitigate the damages but that he refused to respond. They claim McLeod's actions violated the West Virginia Consumer Credit and Protection Act.

Mr. and Mrs. Rhodes are seeking compensatory and punitive damages and for the court to declare McLeod in violation of the West Virginia Consumer Credit and Protection Act. They are being represented by Cameron S. McKinney and David L. Grubb.

The case has been assigned to Circuit Judge Louis Bloom.

Kanawha Circuit Court case number: 10-C-774