Posted: Thu, 10 Nov 2011 01:24 PM - 10,436 Readers
By: Barry Harrell
Actor Dennis Quaid and his wife, Kimberly, are suing the couple they bought their Austin home from this year, claiming the sellers failed to tell them about a number of problems with the property on Lake Austin.
The Quaids are seeking to void the sale of the property, along with other damages.
The lawsuit, filed Monday in state District Court in Travis County, accuses the former homeowners, Blake and Monica Byram, of breach of contract, fraud and negligent misrepresentation.
In the fall of 2010, according to the lawsuit, the Quaids decided to move from Los Angeles to Austin.
Kimberly Quaid is originally from Austin, and Dennis Quaid was raised in Houston, said Austin attorney Dicky Grigg, who is representing the Quaids.
On Feb. 15, the Quaids closed on the property, which consists of a home and connected boathouse at 2518 Matthews Drive and 2520 Scenic Drive, on the shores of Lake Austin.
The home at 2518 Matthews Drive is about 12,000 square feet on about a half-acre of land, and has an assessed value of $3.2 million, according to Travis Central Appraisal District records.
The attached boathouse property has an assessed value of about $74,000.
The suit accuses the Byrams of making "a number of material representations regarding the condition and characteristics of the property that were false. At the time the various representations were made, defendants knew they were false.
"It has since come to light that the Byrams failed to disclose a number of serious defects and deficiencies that existed in the home and property," the lawsuit states, and that the Byrams had a duty under Texas law to disclose the problems.
Specifically, the Quaids' lawsuit says that the property's issues include water intrusion and damage; a rat infestation; poor work done during remodeling projects; and that some of the remodeling projects were done without obtaining building permits from the city.
All those issues "were well known to the Byrams prior to the sale of the property to the plaintiffs," the lawsuit says.
The Quaids have had to move into different housing, the lawsuit says, because "they cannot continue to live in the home" because of the problems stated in the suit. Grigg said the Quaids are leasing a home in Austin and plan to continue to live here.
The suit seeks recovery of the sale price of the property and damages for the cost of moving into the property, rental costs for replacement housing, damages for mental anguish, as well as court costs and attorneys' fees. The lawsuit requests a jury trial.
Mitchell Savrick, attorney for the Byrams, said his clients "don't agree with the allegations," and said they are in discussions with the Quaids and their attorneys.
The Byrams "consider the Quaids friends and are hopeful this will be worked out," Savrick said.
Quaid has starred in numerous movies, including "Great Balls of Fire," "The Big Easy," "Far from Heaven" and "The Rookie."
