IT MAY BE A HOME BUYER?S worst nightmare: to unknowingly purchase a house that turns out to have contaminated Chinese drywall.
But in a new lawsuit filed in Sarasota County Circuit Court, a New Mexico couple who bought a home last year in WCI Communities? Venetian Golf & River Club allege that is precisely what happened to them ? with an even more disturbing twist.
William Candelaria and his wife, Sarah Turpie, say their Prudential real estate agents deliberately ignored their request to have a Chinese drywall inspection last March after the couple learned that contaminated wallboard was used in the area.
Instead, the lawsuit states, agents Ronald and Margaret Dressel of Prudential Florida Realty told them an inspector had cleared the home of Chinese drywall.
But the suit alleges no inspection for Chinese drywall ever took place. Rather, the Dressels ? who bill themselves as ?Team Venetian? and who own a home in the development ? allegedly hired a regular home inspector to conduct a normal post-contract inspection, and did not tell him to look for signs of Chinese drywall. The suit charges breach of fiduciary duty, breach of Realtor ethics, and negligence.
?Based on the information provided to the plaintiffs by the Dressels that the home did not contain tainted Chinese drywall, and on the reasonable assumption that the property was cleared for the presence of tainted Chinese drywall, plaintiffs closed on the property on March 31, 2009,? the complaint states.