A home on Richland Avenue West is in the middle of a court battle between the current and previous owners.
Cody Anderson, owner of the George Funeral Home and Cremation Center, bought the Constantine House at 3406 Richland Ave. W. The deal included a second tract at 3401 Kings Sport Way. County records list the sale price for both as $1 million.
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He bought the properties from Richard and Carol Amendola in August 2020.
The Amendolas filed the lawsuit against Anderson in March 2021. The suit claims Anderson agreed to pay them 77 installments of $4,814 with a final payment of the remaining principal and interest on April 15, 2027.
There was also to be a $600,000 payment following the sale of property Anderson owned at 116 Charles Towne Place in Woodside Plantation, along with the sale of property owned by Donald Gordon at 56 Cherry Hills Dr. in Houndslake subdivision.
County property records show the Woodside Plantation home sold for $330,000 in January 2021. The Houndslake home sold for $275,000 in November 2020.
The lawsuit filed by Amendolas said they have not been paid the $600,000.
“Defendant Cody L. Anderson is therefore in default and the Amendolas declare the entire balance of principal and interest to be immediately due and payable,” per the lawsuit.
Anderson’s response document said the monthly payments have been made and denied he is in default on the $600,000 payment, “The sale of designated property by the Defendant did not produce $600,000.00 and, under the terms of the note, the Defendant is permitted to marshal other funds to make the reduction payment. The deadline for the Defendant to marshal resources is Aug. 31, 2021.”
His response includes six counter-claims, including fraud, based on the condition of the house. Anderson signed an “as is” contract based on, according to the counter claim, “Plaintiffs concealed facts which should have been disclosed both as a matter of honest dealing and as a matter of law and the Defendants made false material representations regarding the condition of the property.”
The counter-claim cites problems with virtually every major system in the house including electrical, plumbing, condition of the roof and the septic system.
Another counter-claim is for negligent misrepresentation, also connected to the condition of the house. Additionally, it charged, “The plaintiffs intentionally and negligently with reckless disregard for the truth represented to the defendant that there was little to no lead paint or asbestos present in the home, when in fact the home is riddled with both.”
A response filed on behalf of the Amendolas denied all of the counter claims including fraud, “The defendant fraudulently induced the plaintiffs to enter into the sale of the property with no intention of paying the purchase price for the property.”
Also denied is the negligent misrepresentation claiming Anderson, “Fraudulently induced the plaintiffs to allow him to purchase the property without an inspection so that he could later claim that he was unaware of and dissatisfied with the condition of the property.”
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The Amendolas are asking for $939,543 which is the principal and interest owed as of March 15. They also want expenses including attorney fees.
No hearing date has been set, however, John Harte, the attorney representing Cody Anderson said, “I am pleased to inform you that we have been in serious negotiations and are close to a resolution. All elements are not yet fully agreed to, but there is good reason to believe that both sides will be well satisfied when we are finished. I’m also happy to say that both sides have approached the problem in good faith and with positive attitudes.”
The attorney representing the Amendolas has not responded to a request for comment.
Dana Lynn McIntyre is a Staff Reporter with The Augusta Press. You can reach her at dana@theaugustapress.com.
