West Virginia Record

Tuesday, August 20, 2019

Landowner says property buyer breached contract

Lawsuits

By Noddy A. Fernandez | Feb 14, 2019


POINT PLEASANT — A landowner is suing a property management company, citing alleged breach of contract.

Garry J. Peck filed a complaint in Mason Circuit Court against HPB Properties, LLC alleging that it materially breached a contract by failing to tender the purchase price as required under the contract.

According to the complaint, Garry J. Peck entered into a verbal agreement for the purchase of a campground with the defendant through its managers. Effective on the closing date of May 1, 2018, the defendant agreed to the purchase price of $1.65 million. 

However, after the defendant took ownership of the property as its sole owner, the purchase price had not yet been paid and the defendant only offered a purchase price significantly lower than that agreed upon. 

The plaintiff holds HPB Properties, LLC responsible because it allegedly failed to comply with its obligations by tendering the agreed-upon purchase price and continues to exercise sole dominion and control of the campground, operating it as its owner without Peck's consent.

The plaintiff requests a trial by jury and seeks judgment for damages, pre- and post-judgment interest and such other and further relief as the Court may deem just and equitable including the forced sale of the property for the purchase price of $1.65 million. He is represented by Perry W. Oxley, L.R. Sammons III and Ashley T. Wentz of Anspach Meeks Ellenberger LLP in Huntington.

Mason Circuit Court Case number 18-C-104

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Anspach Meeks Ellenberger LLP Mason Circuit Court

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