CHARLESTON – A family says the home inspectors, a real estate company and previous owners failed to disclose significant issues with a Dunbar home.
Cindy, David and Diana Birchfield filed their complaint September 25 in Kanawha Circuit Court against A Second Look Home Inspection LLC, Great Expectations Realty doing business as Berkshire Hathaway Homeservice Great Expectations Realty and Gregory and Sabrena Midkiff.
According to the complaint, the plaintiffs closed on a home and real property on 23rd Street in Dunbar on November 18, 2022. The home was to be the home of Diana Birchfield, who is the daughter of Cindy and David Birchfield. The Midkiffs were the sellers and had owned the home since 2015 or 2016.
Shortly after closing, Diana Birchfield moved into the home. But the plaintiffs say neither the Midkiffs nor Great Expectations never disclosed significant sewer gas, flooding and mold issues that existed with the home. That includes Great Expectations real estate agent Jesse Dolin, who they say failed to adequately represent them through the purchase process by missing warranties and other relevant information.
About a month after moving into the home, the plaintiffs say the toilets would not properly flush, backing up and causing damage to the home.
In early 2023, they say they discovered sewage was running into the crawlspace of the house, collecting there and allowing sewer gas to permeate the structure, causing injuries and physical ailments to Diana Birchfield.
“Defendants Midkiff had utilized fresh coats of paint to fraudulently hide the myriad of sewage issues with the home and had placed rocks around the tree where the home’s sewer pipe is in an effort to hide the significant issues with the home,” the complaint states, noting the plaintiffs reasonably relied on representations from the defendants when deciding to purchase the home.
The plaintiffs also say they discovered the flooring in the kitchen and bathroom was substandard, and they say the HVAC system, particularly the heating, was not properly operational. They say Second Look failed to note these issues in its home inspection report.
“Second Look failed to even go underneath the home as a part of its inspection, failed to identify all material issues existent within the home and failed to appropriately conduct a home inspection of the home up to the appropriate and applicable industry standard,” the complaint states. “Second Look’s abject failure to so perform a home inspection has damaged plaintiffs and the justifiable reliance plaintiffs placed upon defendant Second Look was to plaintiffs’ detriment.”
They also say Great Expectations failed to provide professional Realtor and realty services.
The Birchfields accuse the defendants of breach of contract, negligence and negligent misrepresentation, and they mention the legal doctrine of respondeat superior, meaning defendants are liable for injuries and damages caused by their employees. They also accuse the Midkiffs of fraud.
They seek compensatory damages for physical pain and suffering of Diana Birchfield, emotional distress, annoyance, anxiety, aggravation, inconvenience, limitations of Diana Birchfield’s ability to perform activities and enjoy life, medical expenses, loss of benefit of their original bargain, loss in value of the home, loss of use of the home, loss of enjoyment of the home, significant decrease in the habitability of the home, costs to repair and renovate the home, costs of identifying and diagnosing issues with the home, costs of retaining contractors to fix those issues, cover damages, delay damages and other relief.
They also seek punitive damages and the cancelation and revocation of the home purchase contract.
The Birchfields are being represented by Shawn Romano and Miles Berger of Romano & Associates in Charleston. The case has been assigned to Circuit Judge Jennifer Bailey.
Kanawha Circuit Court case number 23-C-859