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Benton County Lake House in $500K LawsuitLock Icon

1 min read

A Benton County lake house has turned into a nightmare for a Garfield man.

Kapales Properties LLC and Kevin R. Kapales said in a lawsuit filed in Benton County Circuit Court that the seller of the $657,000 home, Patricia Ann Gardner of Benton County, failed to disclose that the 3,228-SF house “has long suffered from water intrusion and related deterioration.”

Kapales is suing Gardner for fraud. He bought the house in 2015 and wants the contract rescinded and damages of not less than $500,000.

Kapales said Gardner is a licensed real estate agent and was acting as the buyer and seller agent in the transaction. 

After moving in, Kapales found a laundry list of problems with the home because of water damage, including two instances of interior leaking in the attic, according to the recently filed lawsuit. 

“There is staining on the gypsum board ceiling veneer that was patched. When the patch was removed, rotten board was revealed,” the lawsuit said.

The current bid to repair the property, which sits on 2.76 acres, is nearly $64,000, the lawsuit said.

A message left for Gardner at the Beaver Lake Realty Inc. office in Garfield wasn’t returned.

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