FRESNO – A Northridge man alleges that that a property seller failed to repair the property as agreed upon.

Babak Malek filed a complaint on June 22 in the Fresno County Superior Court against JMARQZ Investment LLC and Does 1-10 alleging fraud, negligent misrepresentation and other counts.

According to the complaint, the plaintiff alleges that on Nov. 28, 2016, he submitted an offer to purchase a piece of real property from the defendants. The suit states the defendants agreed to repair the roof per city requirements, get necessary permits and convert the garage back or install a carport. Despite finishing building a carport, the plaintiff alleges that the property remains in its substandard condition and fails to comply with municipal codes. 

The plaintiff holds JMARQZ Investment LLC and Does 1-10, inclusive responsible because the defendants allegedly refused to perform their obligations and have since breached and repudiated the contract by failing to cooperate with the Escrow, failed to make the necessary repairs to rehabilitate the property and bring it to code to the agreement between parties and attempted to cancel the sales transaction.

The plaintiff seeks judgment for liquidated, consequential and punitive damages; expenses incurred; reasonable attorney's fees; and for such other and further relief the court deems just and proper. He is represented by H. Ty Kharazi and Arash Arjang of Yarra, Kharazi, Clason & Aniotzbehere in Fresno.

Fresno County Superior Court case number 17CECG02103

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