Putnam couple sues home builders, inspectors, others for deceptive practices

WINFIELD -- A Putnam County couple is suing Kesling's Quality Home Builders for deceptive practices.

W. Ray Kesling; American Home Inspector, Inc.; Max Ferguson; Anna Ventura; and Rejoice, LLC, were also named as defendants in the suit.

On Sept. 13, 2005, Ryan M. Walker and Emily B. Walker purchased a home in Scott Depot from Kesling's Quality Homebuilders, according to a complaint filed Nov. 17 in Putnam Circuit Court.

The Walkers claim the home was inspected on Sept. 20, 2005, by American Home Inspector and Ferguson, who was recommended by Ventura.

The inspections report did not report any structural deficiencies with the home, but when the Walkers placed the home for sale in 2010, a home inspection showed major concerns with the structural integrity of the home, according to the suit.

The Walkers claim the defendants were deceptive.

The major concerns with the home included bearing walls and points within the home on multiple floors were not in vertical alignment, which caused excessive deflection and sagging within the floor structure, according to the suit.

The Walkers claim the defendants were negligent, careless and reckless and caused them to incur costs to repair the structural problems and other problems on the property; diminished market value of the property; inconvenience; mental pain and suffering; emotional distress; and embarrassment and humiliation.

The defendants engaged in conduct which created a likelihood of confusion or misunderstanding in violation of West Virginia Code and their conduct constitutes general unfair or deceptive acts or practices, according to the suit.

The Walkers are seeking compensatory and punitive damages. They are being represented by Mark A. Swartz and Mary Jo Swartz.

The case has been assigned to Circuit Judge Phillip Stowers.

Putnam Circuit Court case number: 11-C-335