Women sue Old Colony, others for problems with home

By Kyla Asbury | Sep 13, 2010

CHARLESTON -- A Dunbar woman and Hurricane woman are suing Old Colony Company after they claim it failed to disclose problems with real estate property they purchased.

First American Home Buyers Protection Corporation and John G. Byrd were also named as defendants in the suit.

On Aug. 19, 2008, Melinda D. Walker and Nela B. Stennett purchased real estate in Dunbar from Byrd, according to a complaint filed Aug. 18 in Kanawha Circuit Court.

Walker and Stennett claims Byrd failed to disclose any problems with the property and indicated that he "has never occupied the land."

The women claim they later learned that the previous owner disclosed moisture and/or water problems in the basement of the property to Byrd when he had purchased the property and that the defendants attempted to correct the problems, but did so in a negligent manner, which allowed the moisture and/or water problems to continue after they had purchased the property.

The fact that there were moisture and/or water problems in the basement of the property was a material fact that, if known to the plaintiffs, would have affected their decision to purchase the property, according to the suit.

Walker and Stennett claim they detrimentally relied on the defendants' oral assertions that they had no knowledge of moisture and/or water problems in the basement of the property.

Walker and Stennett are seeking compensatory and punitive damages with pre- and post-judgment interest. They are being represented by Robert E. Stennett.

The case has been assigned to Circuit Judge Paul Zakaib Jr.

Kanawha Circuit Court case number: 10-C-1480

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