Date: 06-09-2015

Case Style: Richard Ceass and Kathey Ceass v. Evelyn Luke, Golda Browne, Chinowth & Cohen Realtors, LLC, Jared Brown d/b/a Water Rock Homes and Water Rock Holmes, LLC

Case Number: CJ-2013-2252

Judge: Rebecca B. Nightingale

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Brian E. Dittrich

Defendant's Attorney: Robert Sartin, Christopher Allen Barrow and Anne S. Maguire for Chinowth & Cohen Realtors, LLC and Golda Browne

Douglas L. Boyd for Evelyn Luke

Michael Masterson, David R. Fleury for Jared Brown and Water Rock Homes, LLC

Description: Tulsa, OK - Richard Ceass and Kathey Ceass sued Evely Lunke, Golda Browne, Chiowth & Cohen Realtors, LLC, Jared Brown DBa Water Rock Homes and Water Rock Holmes, LLC professional negligence theories claiming:

I Plaintiff, Richard Ceass, is a resident of Tulsa County, Oklahoma
2 Plaintiff, Kathey Ceass, is a resident of Tulsa County, Oklahoma
3. Defendant, Evelyn Luke, is a resident of Tulsa County, Oklahoma.
4. Defendant, Golda Browne, isa resident of Tulsa County, Oklahoma.
5. Defendant, Chinowth & Cohen, Realtors, LLC, is an Oklahoma limited liability company with its principal place of business in Tulsa County, Oklahoma.
6. Defendant, Water Rock Homes, LLC, is an Oklahoma limited liability company with its principal place of business in Tulsa County, Oklahoma.
7. The transactions and occurrences at issue in this case took place in Tulsa County, Oklahoma.
8. Jurisdiction and venue are therefore proper in this court.
FACTS
9. The allegations set forth in each of the preceding paragraphs are incorporated by reference as if fully set forth herein.
10. This lawsuit arises out of the sale of a home located at 9724 S. Richmond in Tulsa, Oklahoma.
11. The Defendant, Evelyn Luke (“Luke”), was the seller of the home at issue in this lawsuit.
12. The Plaintiffs, Richard Ceass and Kathey Ceass (“Plaintiffs”), were the buyers of the home at issue in this lawsuit.
13, The closing on the home took place on or about April 13, 2012.
14. Defendant, Golda Browne (“Browne”) is a real estate agent working on behalf of a real estate agency known as Chinowth & Cohen Realtors, LLC (“Chinowth & Cohen”).
15. Luke was represented in the transaction at issue in this lawsuit by Browne and Chinowth & Cohen.
16. At all relevant times, Browne and Chinowth & Cohen acted as agents of Luke with respect to the transaction at issue in this lawsuit.
17. Jared Brown (“Brown”) is the owner of a construction company known as Water Rock Homes, LLC (“Water Rock Homes”).
18. At the time of the incidents at issue in this lawsuit, Brown was doing business as Water Rock Homes, which was apparently a sole proprietorship.
19. According to the records of the Oklahoma Secretary of State, Water Rock Homes was formed as an LLC on June 20, 20t2—approximately two months after the sale of the home at issue in this lawsuit.
20. Brown and Water Rock Homes were retained by Luke, Browne and Chinowth & Cohen to repair certain damage to the home at issue in this lawsuit prior to the closing.
21. At all relevant times, Brown and Water Rock Homes were acting on behalf of, and as the agents of, Luke, Browne and Chinowth & Cohen.
22. Plaintiffs, as the future purchasers of the property at issue in this lawsuit were known to Luke, Browne and Chinowth & Cohen and were identifiable by Brown and Water Rock Homes.
23. Luke, Browne, Chinowth & Cohen and Brown had actual knowledge of certain latent defects in the home at issue in this lawsuit prior to the closing and failed to disclose those defects to the Plaintiffs as required by law.
24. Further, Luke, Browne, Chinowth & Cohen and Brown actively attempted to conceal the defects from Plaintiffs.
CAUSES OF ACTIONS
COUNT I
VIOLATION OF THE RESIDENTIAL PROPERTY CONDITION
DISCLOSURE ACT AGAINST LUKE, BROWNE AND CHINOWTH & COHEN
25. The allegations set forth in each of the preceding paragraphs are incorporated by reference as if fully set forth herein.
26. Pursuant to the Residential Property Condition Disclosure Act, Okia. Stat. tit. 60, §
831 et seq., Defendants, Luke, Browne and Chinowth & Cohen, had an obligation to disclose the latent defects at issue in this lawsuit to the Plaintiffs prior to the closing on the home.
27. Defendants, Luke, Browne and Chinowth & Cohen, breached their duty to the Plaintiffs.
28. As a direct result of the acts and omissions of the Defendants, Evelyn Luke, Golda Browne and Chinowth & Cohen Realtors, LLC, Plaintiffs, Richard Ceass and Kathey Ceass, have been damaged in an amount in excess of the amount required for diversity jurisdiction pursuant to 28 U.S.C. § 1332.
COUNT II
NEGLIGENCE AND FRAUD AGAINST LUKE, BROWNE
AND CHINOWTH & COHEN
29. The allegations set forth in each of the preceding paragraphs are incorporated by reference as if fully set forth herein.
30. In the event the knowledge of the latent defects at issue in this lawsuit was not gained by Defendants, Luke, Browne and Chinowth & Cohen, until after acceptance of Plaintiffs’ offer to purchase the property, but before the closing, the exclusive remedies set forth in Okla. Stat. tit. 60, § 837 would not apply to this case and Plaintiffs would be free to pursue common law remedies against Luke, Broe and Chinowth & Cohen.
31. In the event the knowledge of the latent defects at issue in this lawsuit was not gained by Defendants, Luke, Browne and Chinowth & Cohen, until after acceptance of Plaintiffs’ offer to purchase the property, but before the closing, Defendants, Luke, Browne and Chinowth & Cohen, had an obligation to disclose the latent defects at issue in this lawsuit to the Plaintiffs prior to the closing on the home.
32. Defendants, Luke, Browne and Chinowth & Cohen, breached their duty to the Plaintiffs.
33. As a direct result of the acts and omissions of the Defendants, Evelyn Luke, Golda Browne and Chinowth & Cohen Realtors, LLC, Plaintiffs, Richard Ceass and Kathey Ceass, have been damaged in an amount in excess of the amount required for diversity jurisdiction pursuantto28U.S.C. § 1332.
COUNT III
NEGLIGENCE AND FRAUD AGAINST BROWN AND WATER ROCK HOMES
34. The allegations set forth in each of the preceding paragraphs are incorporated by reference as if fully set forth herein.
35. Defendants, Brown and Water Rock Homes, had a duty to, among other things, perform the work for which Brown and Water Rock Homes were retained in a workmanlike manner.
36. During the course of the work performed by Brown and Water Rock Homes, Brown and Water Rock Homes had actual knowledge of certain latent defects in the home at issue in this lawsuit.
37. Brown and Water Rock Homes had a duty to disclose the ‘atent defects to the Plaintiffs.
38. Brown and Water Rock Home breached their duties to the Plaintiffs.
39. As a direct result of the acts and omissions of the Defendants. Jared Brown and Water Rock Homes, LLC, Plaintiffs, Richard Ceass and Kathey Ceass, have been damaged in an amount in excess of the amount required for diversity jurisdiction pursuant to 28 U.S.C. § 1332.

Outcome: 06-09-2015 DISPCVDMWP

DISMISSAL WITH PREJUDICE
1 BROWN, JARED
06-09-2015 DISPCVDMWP

DISMISSAL WITH PREJUDICE
1 LUKE, EVELYN
06-09-2015 DISPCVDMWP

DISMISSAL WITH PREJUDICE
2 BROWN, JARED
06-09-2015 DISPCVDMWP

DISMISSAL WITH PREJUDICE
2 BROWNE, GOLDA
06-09-2015 DISPCVDMWP

DISMISSAL WITH PREJUDICE
2 CHINOWTH & COHEN REALTORS LLC
06-09-2015 DISPCVDMWP

DISMISSAL WITH PREJUDICE
2 LUKE, EVELYN
06-09-2015 DISPCVDMWP

DISMISSAL WITH PREJUDICE
2 WATER ROCK HOMES LLC

Plaintiff's Experts:

Defendant's Experts:

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