BECKLEY — A property lessee is suing the lessor for alleged breach of contract and fraud.
John D. Scott filed a complaint against Rebekah Childress, Fairway Villa Condominium Association, Kenneth N. Bryant, Jr. and William Baker in Raleigh Circuit Court, alleging that the defendants concealed facts and lied to the plaintiff regarding the nature and terms of a deed prior to its recordation. According to the complaint, on Oct. 7, 2009, Scott entered into a lease agreement with an option to purchase the property for the term of five years. Pursuant to the agreement, the plaintiff has continued to make payments and has built up significant equity in the property as a result of making regular payments.
Scott claims that the defendants offered to sell him the property for $200,000, without any offset for his equity as required by the agreement, and that they allegedly concealed from him the true nature of a transaction whereby Childress transferred the property to the condominium association by not recording the deed at the time of the conveyance. The plaintiff alleges that this conduct was intended to defraud him of the benefits of his equity interest in the property.
The plaintiff holds the defendants responsible because they allegedly failed to disclose the terms and nature of the agreement and failed to expressly except from the deed the plaintiff's interest in the property pursuant to the agreement. Scott requests a trial by jury and seeks judgment for punitive damages, all costs, expenses incurred, including attorneys' fees. He is represented by Christopher L. Hamb of Robinson & McElwee PLLC in Charleston.
Raleigh Circuit Court Case number 19-C-10
