Auberry home buyer accuses seller of breach of contract

By Jenie Mallari-Torres | Jan 3, 2018

FRESNO — An Auberry home buyer is suing sellers, alleging breach of contract.

Francisco Alcover Picart of Clovis filed a complaint Dec. 11 in Fresno County Superior Court against Alan B. Burnham, Dorothy N. Burham and Does 1-100, alleging they breached good faith and fair dealing.

According to the complaint, on Sept. 5, 2016, Picart and the defendants entered into a written agreement for the plaintiff to purchase the defendants' property at 34725 Wilson Road, Auberry. The suit says on Feb. 17, 2017, Picart took possession of the property. 

The lawsuit states Picart suffered damages, including cost for land surveyor, diminished value of real property, emotional distress, financial hardship, loss of use of land and rights and other legal costs, as a result of misrepresentation by the defendants. The suit says parts of the 34725 Wilson property turned out never to have been a part of the purchased property. 

The plaintiff alleges the defendants failed to supply required material information as to the condition of the property, and made fraudulent representation to induce Picart to purchase the property.

Picart seeks trial by jury, compensatory damages of $10,000, interest of $74,900 per year, monetary damages of $15,000, attorney fees, costs of suit, and all further relief the court deems just. He is representing himself.

Fresno County Superior Court case number 17-CECG-04191

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