PHILADELPHIA – A Philadelphia couple have initiated litigation against a property rehabilitation firm which they claim they were sold a residence laden with material defects and code violations.

Elliott Montpellier and Urooj Nizami of Philadelphia filed suit in the Philadelphia County Court of Common Pleas on April 12 versus Right Choice Homes, LLC of Hockessin, Del.

The parties entered into a sale agreement for the plaintiffs to buy a residence at 5331 Walton Avenue in Philadelphia from the defendants on Oct. 6, 2017. This was after the defendants provided a seller disclosure agreement where they claimed the plumbing system was made out of PVC piping and they were unaware of any local violations related to the property, the suit states.

According to invoices, work was allegedly done to the property through Maybach Construction, consisting of electrical rewiring, installation of new outlets and light switches, new HVAC duct work, new plumbing supply and drain lines.

But per the inspection conducted on Oct. 11, 2017 by Liberty Inspection Group, the property had: An uncapped and abandoned chimney; A basement Bilco door which had deteriorated beyond repair; A rear deck not built to current building standards; Railing on the rear deck spaced beyond the four-foot requirement; Multiple plumbing lines throughout the property not being installed/secured properly.

After moving in the following month, the plaintiffs discovered broken terra cotta piping which had deteriorated and led to water coming from behind the wall where the washing machine was located, plus defects in the plumbing and electrical systems, which necessitated yet more repair work to remediate the issues.

The plaintiffs allege further investigation yielded a lack of permits secured to complete the original work and the defendants allegedly unwilling to correct the residence’s material defects.

The plaintiffs add they have already undertaken the task of necessary repair work to bring the property into compliance with the code, as well as to repair the issues created by the defendant’s failure to conform to building standards and practices and/or to conduct the work in a properly workmanlike manner.

For counts of breach of contract, fraudulent misrepresentation, violation of the Unfair Trade Practices and Consumer Protection Law, negligence and negligence per se, the plaintiff is seeking judgment against the defendants for compensatory damages in excess of $50,000, plus consequential damages, punitive damages, attorney’s fees, court costs as well as any other relief that is deemed just and proper.

The plaintiffs are represented by Oleg Sokolov of Sokolov Law, in Philadelphia.

Philadelphia County Court of Common Pleas case 180401622

From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com

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