Buyers looking to recoup $25K down-payment on Kensington home which was sold to someone else

By Nicholas Malfitano | May 14, 2018


PHILADELPHIA – A pair of prospective homeowners believe they were fleeced out of both buying a residential property in Philadelphia’s Kensington neighborhood and their $25,000 down-payment on that same property, and have filed a state court lawsuit to that effect.

Jerome Lacheen and Ann Lacheen of Philadelphia filed suit in the Philadelphia County Court of Common Pleas on May 1 versus The Condo Shop, LLC, TCS Homes, Matthew Milano, Jonathan Silva, 1400 Block Of Cadwaller, LLC, Deborah Centofani and GH Realty Services, LLC, also all of Philadelphia.

According to the lawsuit, the plaintiffs entered into a sale agreement with The Condo Shop, TCS Homes, Milano, Silva and 1400 Block Of Cadwaller (the “Seller Defendants”) to purchase property at 1525 Mascher Street in Philadelphia for $500,000, with Centofani and GH Realty Services acting as the plaintiffs’ brokers.

“As part of the agreement of sale, plaintiffs paid $25,000 to the sellers as a deposit for the property, and paid $8,000 for the construction of a basement bathroom at the property. The addition of a basement bathroom at the property increased the value of the property. As part of the agreement of sale, sellers were to be ready to go to settlement on or before Sept. 15, 2017,” the suit states.

“Settlement did not occur on or before Sept. 15, 2017. On Nov. 6, 2017, plaintiffs requested a full refund of the deposit money. Sellers have not returned the $25,000 deposit to plaintiffs. On or about Feb. 1, sellers sold the property for $535,000,” the suit adds.

For multiple counts of breach of contract, unjust enrichment and breach of fiduciary duty, the plaintiffs are seeking damages from all defendants of $33,000, plus interest accruing thereon from Sept. 15, 2017 until payment is made to plaintiffs at a rate of six percent per year, plus all reasonable attorney’s fees, costs and any other relief the court deems necessary.

The plaintiffs are represented by Eli S. Levine of the Law Offices of Craig A. Altman, in Philadelphia.

Philadelphia County Court of Common Pleas case 180404838

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

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