BECKLEY — A Raleigh County couple is suing real estate agents and former homeowners for allegedly selling the plaintiffs property that had problems with its foundation, flooding and termites.

James and Donna Miller filed a lawsuit Feb. 2 in Raleigh Circuit Court against Elvin and Carol Keaton; Sigmund-McLean Inc. and its agent, Beverly Kinzel; and Old Colony Company of Beckley and its agent, Janet Meador, alleging breach of contract.

According to the complaint, after the Millers purchased a house in January 2015, they discovered the property had a history of flooding and foundation damage, as well as problems with termites, dry rot, and plumbing and electrical issues. The suit claims that neither the previous owners, the Keatons, nor their agents disclosed the property’s flaws before the Millers purchased it. In fact, the suit claims a two-year old disclosure report was used to deceive the Millers into accepting the property.

The plaintiffs also note in their claim that they were first-time homebuyers and that James Miller was an Iraq war veteran undergoing treatment for a traumatic brain injury.

The Millers seek a jury trial, punitive and compensatory damages, and litigation costs in an amount to be determined at trial. They are represented by attorney Thomas G. Wilson of the Wilson Law Offices PLLC in Charleston.

Judge H.L. Kirkpatrick III is assigned to the case.

Raleigh Circuit Court Case number 16-C-45

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