2001-09-24 Regular Meeting, Public Hearing and Special Called Workshop Meeting

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" e e - 17, 1999 (FO # 10) had disclosed many defects not revealed In the Seller's Disclosure or by . .' Daigle. , Damages to the roof and ceiling (FO # 11); foundation (FO # 12); Interior walls (FO # 13) and; , plumbing (FO # 14) exceeded that YAlich was revealed by the Seller's Discfosure (see FO # 1) or by Daigle, nor was the asbestos siding on exterior walls (FO # 15) revealed by either. Carpenter has toJ~ Nguyen that Carpenter had told respondents about the February 18, 1999 tnspection lind had given them a copy (see FO # 10). Nguven and Trinh have filed dViI'Sl:Iit against the~lIer and respondents.. , '-. Nguyen will testify at a hearing. Andrew L. Rolf, broker respondent, designated officer of La Porte Main Properties Inc., 202 W. ~ . Main St., La Porte, TX n571, business # 281-470-0055 upon personaJ Interview at the foregoing location and In the presence of Attorney Cyrus F. Rea'll on December 28, 2000 stated In substance: Rolf Is aware of and has received a copy of the complaint. Rolf personally listed the property at 2815 S. Broadway for the seller JoAnn Santi Carter on August 9, 1997 (FO# 16). Prior to that Rolf had listed the property for Carter's mother VIola Rogers Y.tlo sold it to a Mr Hanson by contract for . d~ln 1991. Hanson defaulted and abandoned the property and Carter assumed title. Hanson and his wife had used the property for various Commercial purposes and by City of La Porte ordnance applicable to that particular area the property reverted to residential R-3 after 90 days of non commerciai use, to Indude abandonment. . Rolf ,believes that utilities were then cut off also. Rolf obtained a dty permit to turn on the electricity for showing only. The latest bill for electricity Rolf has of record Is for the period ending April 12; 1999 (Fa # 17) but he believes that there were later bills which were forwarded to Carter. ~oIf ~ieves that the electricity was on when Nguyen was shown the property but that there wasn'~ much lighting Inside. fYbn? ~r$;o-z-. During the time that the property was listed for sale by Rolf there were severalloquiries and Rolf told everyone that anyone Interested In purchasing the property needed to check with the City of La Porte concerning Intended use. .Once they did that, I never heard from them again.. When Rotf listed the property he met Carter at the property but Is not sure he or Carter entered either . .' building. Rolf is unsure how familiar Carter was with the property and doesn't remember whether the Seller's Disclosure was ~ at Rolfs office or If Carter mailed it back to Rolf after the listing. Daigle drew up the Trinh purchase offer and that Is the only time Rolf met Nguyen. Rolf has never met or spoken to Trinh. Rolf thought that Nguyen was Trinh. Rolfs only input into the purchase offer was Instructing Daigle to have the wording MIt shall be the sole responsibility' of 'the buyer to determine that the subject property shall conform to the zoning ordnances of the City of La Porte as to their partiCUlar use of the subject property" In special provisions (See FO # 4). In January 2000 Rolf received a demand letter from Trinh (Fa # 18) stating that Trinh believed that Carter and respondents had not told the truth about the condition of the property and Page 3 of 7 ... ,,-.; '[.~ . . .' :i% '~i ! ......~.. i.:~ ',;.1 'q .~ r. 'r '~ . ..~ ';1 ';:~ :;~ 111 ".'....."..'..~~..I.~. ". '.!f. .;;':' }-, ',,:m! ,).',. -1 .., lJ.f~ '.':'. ;;,':.r: . . ~~ ".;1 '\i {:j ',., :t! . ;':~f. r.~' .~.. '. '~, ",.t ,"i;1 ',','l j . .;~i. . .,~ .; I.