CHARLESTON — TCS Properties is suing a man for breach of a real estate contract.
TCS and Kenneth R. Mullins entered into a real estate contract on Oct. 18, 2022, for the sale of 9.8 acres of real estate in Jefferson District in Kanawha County, according to a complaint filed in Kanawha Circuit Court.
TCS claims the sale was a cash deal and required no financing and the parties agreed in the written contract that time was of the essence and that both parties would close on or before Dec. 31, 2022.
"The real estate closing was scheduled for 1:30 p.m. December 30, 2022, at the Pritt Law Office in Charleston, WV," the complaint states. "The plaintiff and the closing real estate attorney appeared at closing ready and willing and able to perform and close. However, the Defendant advised the Plaintiff by text message at the last minute that his children talked him out of selling the property and he would not attend the closing."
TCS claims the defendant immediately tried to get the plaintiff to buy another piece of property at a different price and the defendant did not attend the closing despite repeated requests from the plaintiff, causing TCS significant harm in connection with the purchase and development of the property.
The agreed-upon purchase price in the contract was $300,000 with a requirement for the plaintiff to pay a non-refundable $5,000, which the plaintiff played, according to the suit.
TCS claims it was purchasing the property for the construction of a building and development of a business to lease out to a specific third party with a long-term commercial lease.
"The Defendant acted willfully, maliciously and with a conscious indifference to the rights and property of the Plaintiff," the complaint states.
TCS claims Mullins breached their contract, was fraudulent and violated West Virginia code.
TCS is seeking compensatory damages. It is represented by John W. Alderman III of the Law Offices of John W. Alderman in Charleston.
The case is assigned to Circuit Judge Kenneth Ballard.
Kanawha Circuit Court case number: 23-C-1
