CHARLESTON – A couple is suing Advantage Home & Environment Inspections, Inc., for allegedly failing to note several structural, safety and/or health concerns for a home in Charleston.

Ryan and Lora Fitzwater contracted with the defendant on Feb. 20 for the defendant to perform an inspection of a home in Charleston, according to a complaint filed Dec. 31 in Kanawha Circuit Court.

The Fitzwaters claim the defendant’s report failed to note several structural, safety and/or health concerns that could have affected the home or occupants in the short term.

Based upon the defendant’s representations as a home inspector, the Fitzwaters purchased the home on April 2, according to the suit. However, after the completion of the closing, they moved into the home and discovered several problems with the residence.

The Fitzwaters claim the defendant breached its contract with them by failing to complete an accurate inspection of the home and disclose all defects in a truthful manner.

The defendant recklessly, carelessly and negligently failed to disclose material information regarding the true nature of the structural and interior defects of the residence, according to the suit.

The Fitzwaters are seeking compensatory and punitive damages. They are being represented by Jon D. Hoover.

The case has been assigned to Circuit Judge Tod J. Kaufman.

Kanawha Circuit Court case number: 12-C-2580

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