KINGWOOD — A Virginia couple is suing the company doing a development in Preston County for alleged breach of contract.
Aaron and Elvia Sanders are asking Preston Circuit Judge Steve Shaffer to grant a temporary restraining order to stop the sale of Lot 33, declaration of breach of contract and other relief against the Waterfront Group WV, LLC.
A representative of Whitefront said in an email they been advised by its attorney not to comment on the lawsuit.
In the suit, the couple says Aaron Sanders is a 25-year veteran of the Marine Corps who is combat disabled. Elvia Sanders is a former real estate developer, employee of the U.S. Department of Housing and Urban Development and certified project manager.
Waterfront’s home company is in Cornelis, North Carolina. Waterfront Group WV, LLC is developing land in Preston County as Whitewater Preserve.
On or about July 27, Mrs. Sanders answered an ad and submitted an application to view lots during the initial land offering. They made an appointment to tour lots Aug. 8.
During the tour, the couple told Waterfront’s realtor they were interested in Lot 33. The realtor confirmed it was still available, and they walked the land.
“Lot 33 of Whitewater Preserve contains 4.34 acres and contains distinct characteristics, such as identifiable boundaries, identifiable large rocks and road access to the lower portion of the property,” according to the lawsuit.
That same day the couple entered into an agreement to buy Lot 33 for $89,900 and paid an $8,990 deposit.
They received a copy of the plat of the property, which they confirmed showing Lot 33, and closing was set for about Sept. 10 at Bowles Rice LLP in Morgantown.
On. Aug. 13, a representative of Waterfront asked the couple what bank they would be using to finance Lot 33.
On Aug. 26, The Waterfront Group Mid-Atlantic Sales Director Steve Wolford called the couple and told them they had actually bought Lot 32 and didn’t have a legal contract on Lot 33 and that wasn’t the lot they walked.
This despite verifying the lot number on the plat and through the realtor who walked it with them, the lawsuit says.
When the couple objected, Project Manager Jeremy Handysides reportedly told them, “I’m not … playing with you.”
Bowles Rice represented both seller and buyer in the transaction and wrote to the Sanders on Aug. 31 that it represented Waterfront and “the parties made a mutual mistake of fact regarding the lot number” due to a sign error.
The attorneys said Waterfront was canceling the contract. The deposit was to be refunded and the couple was told someone else got the lot. The couple believes Waterfront is charging the other buyer more for Lot 33.
Mr. and Mrs. Sanders are being represented by attorney J. Brandon Shumaker.
This is not the first legal action involving the development.
DTE Services LLC of Kingwood has filed mechanics liens totaling $592,760.98 against Waterfront. The firmwas hired to ready the land for sale.
Waterfront responded by suing DTE Services, saying it didn’t complete the work adequately.
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