Sissonville attorney, Charleston man exchange breach of contract suits

By Lawrence Smith | Jan 28, 2013

CHARLESTON – A Sissonville attorney and a Charleston man are engaged in dueling lawsuits over a disputed real estate transaction.

Dwaine H. Goff and Kevin W. Hughart name each other in separate breach of contract lawsuits filed in Kanawha County Circuit Court. In their respective complaints filed within less than 90 minutes of each other on Dec. 28, Goff, 58, and Hughart, 40, accuse each other of being the one responsible for torpedoing the deal for Goff to sell Hughart property he owns in the Tuppers Creek area.

What is not in dispute is that on Dec. 8, Goff entered into a purchase contract with Hughart in which he agreed to sell him two acres of property that Goff’s deceased mother, Flora, left for him. According to the contract, which is attached as an exhibit to both suits, Hughart agreed to buy it for $57,000 plus a $100 earnest fee.

In his suit, Goff alleges when the contract was signed, he and Hughart discussed two conditions to the agreement. One was a 90-day extension beyond the closing date for him to stay on the property, and to the other was for he and his family to be granted permission to access the property to place a memorial near where Flora’s ashes were scattered.

According to Goff, Hughart said “that any additional documents effectuating such additional agreements would be prepared and provided at a later date.” The day before the closing, Goff said Hughart would agree to a separate written document granting him the 90-day extension to remain on the property, but declined to include in the deed any easement.

In his suit, Hughart alleges prior to them signing the agreement, Goff came to Hughart’s office with his cousin, Walter, asking if he, instead of Hughart, could purchase the property. Though Hughart was not in the office at the time, he says after he listened to Dwaine’s offer in a latter telephone discussion, he declined to allow him to purchase his way out of the contract.

According to Hughart, the closing was set to take place at 3 p.m. on Dec. 28 at George Metz’s law office in Charleston. The day prior to the closing, Goff called Hughart and said he “did not want to finalize the sale of the property unless [Hughart] would provide a right-of-way and access to the back side of the property where [Goff] previously spread his mother’s ashes.”

When they signed the contract, Hughart says there was never any discussion of a right-of-way until he received Goff’s Dec. 27 telephone call. Granting the right-of-way to Goff’s family to the property where currently there is no memorial or gravesite, would make it useless to him, Hughart said.

Goff asks that the purchase contract be rendered null and void. As such, he is willing to return the $100 earnest money to Hughart.

He is represented by Sissonville attorney Walton S. Shepherd III.

Hughart asks that Goff be required to comply with the terms of the contact, and if he doesn’t, a special commissioner be appointed to execute a deed, and convey the property to him. Also, he seeks recovery of all his costs, and expenses.

He is pro se.

Kanawha Circuit Court, case numbers 12-C-2571 and 2575

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