HUNTINGTON - A man is suing Clayton Homes Vanderbilt Mortgage after he claims the home he purchased was defective and unfit for its intended purpose.

Clayton is doing business as Oakwood Homes. Giles Industries Inc. was also named as a defendant in the suit.

On March 17, 2009, Clayton sold Hersie Nash a Claiborne home pursuant to a sales contract for purchase price paid by Nash in the amount of $51,108 and total to be paid with financing charge of $49,085.40, according to a complaint filed March 21 in Cabell Circuit Court.

Nash claims the manufactured home was unfit and un-merchantable for its intended use and purpose due to various defects and deficiencies.

The defendants breached their implied warranties of merchantability and fitness as provided by the West Virginia Uniform Commercial Code and the West Virginia Consumer Credit and Protection Act, according to the suit.

Nash claims the defendants engaged in a pattern of representing that the home was of a particular standard or quality when it was not.

As a direct and proximate result of the defendants' breach of warranty, Nash is entitled to a full refund of the sale price and damages for loss of enjoyment, annoyance and inconvenience, according to the suit.

Nash is seeking compensatory damages. He is being represented by David R. Tyson of Tyson & Tyson.

The case has been assigned to Circuit Judge David M. Pancake.

Cabell Circuit Court case number: 13-C-189




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