A Suffolk circuit judge has tossed out a couple’s Chinese drywall claims against both a wallboard supplier and the real estate company that sold the damaged home.
Judge Rodham T. Delk Jr. found that neither Venture Supply Inc. nor Rose & Womble Realty Company could be liable under the allegations of the lawsuit brought by Paul and Patti Seeman.
Delk found a lack of factual allegations to support any of the Seemans’ claims against Venture, especially since there never was any direct dealing between the home buyers and the supplier of construction materials.
A claim of negligence per se based on violations of the building code failed, according to Delk, because the complaint never showed how the building code applied to a materials vendor. The judge rejected claims based on the Virginia Consumer Protection Act and the theory of unjust enrichment.
Delk also found the real estate firm had no duty to prevent installation of defective drywall.
The case is Seeman v. Oxfordshire LLC.