WINFIELD — A Milton couple is suing Clayton Homes alleging their manufactured home was defective.
CMH Homes and Adventure Homes were both named as defendants in the suit. CMH Homes is doing business as Clayton Homes.
Jacob Jarvis and Jessica Jarvis purchased land in Milton in early 2020, then once the land was prepared for a homesite, they sold their home in Culloden and planned to use the proceeds from the sale to go toward the downpayment of the manufactured home, according to a complaint filed in Putnam Circuit Court.
The Jarvises claim they chose the Adventure Homes Model 1676-2 from the defendants in May 2021 and were told that due to supply chain issues, they needed to pay a $1,000 deposit so the home wouldn't be sold to another customer, which they paid.
On July 26, 2021, the plaintiffs returned to the defendants to complete the purchase and financing of the home and made a $20,000 down payment, however, they received no credit for the $1,000 deposit, according to the suit.
The Jarvises claim the home was delivered in August 2021 and sat on the property for several weeks before Clayton arranged for the utilities to be connected. They claim upon moving into the home, they noticed construction and installation defects.
The defendants fixed some of the defects, but not all of them, and continued t refuse to repair things like water damage and leaking, according to the suit.
The Jarvises made a complaint to the West Virginia Division of Labor's Manufactured Housing Construction and Safety Board on Sept. 26, 2022.
After the WVDOL inspected the home and made a list of defects, the defendants returned to fix some of them but did not properly fix them all, according to the suit.
The Jarvises claim the defendants breached their warranties and caused the plaintiffs damages.
The Jarvises are seeking compensatory and punitive damages. They are represented by Colten L. Fleu and Bren J. Pomponio of Mountain State Justice in Charleston.
Putnam Circuit Court case number: 23-C-40