BECKLEY – A married couple is suing a real estate agent franchise company over claims of misrepresentation and fraud in relation to a house inspection.
Jefferson Ray Birchfield and Amy Lou Birchfield filed a lawsuit on Sept. 10 in Raleigh Circuit Court against Century 21 First Choice Inc., Dawn Whisman (Century 21 Realtor), First Choice Inc., Envirospec Home Inspection Service Co. LLC, and Jack R. Grimes, citing fraud, breach of contract, and intentional misrepresentation.
The Birchfields sought the services of a Century 21 office located at 5440 Robert C. Byrd Drive, Beckley, prior to purchasing a home on June 27, 2014. According to the complaint, Whisman worked with the couple to complete a home inspection. The plaintiffs claim that Whisman and Century 21 listed the additional defendants, Envirospec and Grimes, as approved and insured inspectors.
However, after the defendants performed the home inspection and delivered their report, the plaintiffs claim that the defendants were negligent in failing to notice issues with the roof of the house. The plaintiffs claim that they believed that they were moving into a home with no roof issues due to the information provided by the defendants.
The plaintiffs allege that they relied upon the statement of facts from the defendants prior to purchasing the home and suffered due to negligent services provided. The plaintiffs claim that as a result, they suffered monetary loss, loss of income, significant debt and emotional pain.
The plaintiffs are seeking an unspecified amount for economic losses including payment of a loan, out-of-pocket expenses, emotional pain and distress.
The Birchfields are represented by D. Adrian Hoosier of The Hoosier Law Firm in Charleston. The case has been assigned to Circuit Court Judge Robert A. Burnside Jr.
Raleigh Circuit Court case number 15-C-805