West Virginia Record

Tuesday, July 23, 2019

Couple's lawsuit against real estate agency alleges misrepresentation

By Annie Hunt | Mar 22, 2016

LOGAN — A couple's lawsuit against a real estate agency alleges the firm misrepresented the quality of a house they purchased, which they claim is infested with bats and a poor sewage system.

Nicholas L. Ball and Jennifer Ball filed a lawsuit, on behalf of themselves and their children, on March 2 in Logan Circuit Court against Hometown Real Estate Inc., doing business as Century 21 - Hometown Real Estate Inc., Howard Michael Sidebottom, and Branch Banking and Trust Company, citing fraudulent misrepresentation, breach of contract, and concealment in connection with the sale of residential real estate.

According to the complaint, the Balls obtained pre-approval for a loan to purchase a home from BB&T. In June 2014, the plaintiffs viewed a home with one of the defendant’s agents, and were given a seller property condition disclosure, which stated that there were no hazardous or toxic conditions on the property.

On June 27, 2014, the plaintiffs entered into a purchase agreement, in which they agreed to pay $150,000 for the subject property at 5314 Old Logan Road. At closing, the Balls obtained a property inspection report, which had no statement disclosing a bat infestation. In April 2015, the plaintiff were allegedly doing improvements in the home when they went into the attic for the first time and discovered mounds of guano and live bats living in the attic.

The plaintiffs claim that they and their children have suffered from respiratory illnesses due to exposure to bat droppings and furthermore that the drainage system in the house was not in working order. The plaintiffs aver that the house is a toxic and unfit environment in which to live and blame the negligence and misrepresentation of the defendant’s for their purchase.

The Balls seek appropriate equitable relief, actual and punitive damages, attorney’s fees, costs, and a trial by jury. They are represented by Bren J. Pomponio of Mountain State Justice Inc., in Charleston, WV.

Logan Circuit Court Case number 16-C-49-OB

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