CHARLESTON – A St. Albans resident alleges that a real estate agent, previous homeowners and a house inspector falsely represented that the home she purchased was structurally fit.
Lara Rutherford filed a complaint in Kanawha Circuit Court against Old Colony Co., The Inspection Connection, Jessica Osborne, James Duffield, Mary Duffield and Michael Clark alleging fraud, breach of contract and other counts.
According to the complaint, the plaintiff purchased the St. Albans home from the Duffields in March 2016, with Osborne acting as the real estate agent for Old Colony Co. The suit states the house was inspected by Clark for the Inspection Connection.
She alleges when she moved in on March 5, 2016, the hot tub did not work and that she noticed more cracks on the ceilings and walls. She alleges before she purchased the property that she was told everything in the house was functional and worked as intended and that damages in the attic were cosmetic and not a concern.
She alleges when she had the home inspected by another party in September 2017, she learned the house had severe structural damages and would need several thousand dollars to repair.
The plaintiff holds Old Colony Co., The Inspection Connection, Osborne, James Duffield, Mary Duffield and Clark responsible because the defendants falsely represented that the home was structurally fit in order to induce her to purchase it.
The plaintiff requests a trial by jury and seeks compensatory and punitive damages, pre- and post-judgment interest, costs and any other just and proper relief. She is represented by Adam D. Taylor of Taylor and Hinkle, Attorneys at Law Inc. in Beckley and by Amanda Taylor of the Law Office of Stephen P. New in Beckley. The case has been assigned to Circuit Judge Tod J. Kaufman.
Kanawha Circuit Court case number 17-C-1229