Clovis couple accuses property developers of breach of contract

By Noddy A. Fernandez | Nov 9, 2017

FRESNO — A Clovis couple is suing developers, alleging failure to disclose material facts about the purchased property.

Michael Ray Bridge and Sheryl D. Bridge filed a complaint Oct. 18 in Fresno County Superior Court against Ken Higginbotham, Kathy Higginbotham, Guarantee Real Estate and Does 1 through 15, alleging the defendants failed their duty under the civil code to inspect or disclose fully and fairly all facts that materially affect the value or desirability of the property at 1836 N. Dara Ave., Clovis.

According to the complaint, on Sept, 18, 2015, the Bridges entered into a written California residential purchase agreement and joint escrow instructions to purchase the property built by defendants. The suit says the plaintiffs signed an agreement indicating the property was in accordance with the building codes and that there were no flooding or drainage issues. The lawsuit states the Bridges have discovered the property contains numerous defects that had not been disclosed, including cracked patio and stucco outside the house, gouges in the hardwood flooring and building code violations. 

The plaintiffs allege the defendants failed to supply required material information as to the condition of the property, failed to comply with the requirements of the civil code and failed to undertake an adequate inquiry about the condition of the house to determine whether the items set forth in the sellers' disclosure statement were true.

The Bridges seek trial by jury, compensatory damages not less than $85,000, punitive damages, rescission of the contract, costs of suit, attorney fees and all other relief the court deems just and proper. They are represented by attorneys Mike Chappars and Robert C. Abrams of Law Office of Robert C. Abrams in Fresno.

Fresno County Superior Court case number 17CECG03536

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