Termite damage undisclosed in SC home sale once visited by George Washington, buyers say
Michael and Diana Garrett moved from Colorado to Camden in February 2022 after buying what they thought would be their dream home.
The nearly 250-year-old house at 1413 Mill St. is said to be the oldest in Camden. Revolutionary War Colonel John Chestnut built the home around 1780, and later is said to have hosted George Washington there for a reception.
But soon after moving in, the Garretts discovered sloping floors, evidence of lead paint, fire damage and support beams eaten through by termites, according to a lawsuit filed in state circuit court in Richland County.
The Garretts were promised a “historically preserved and lovingly maintained” home, but instead they arrived to a house with “extensive termite and insect damage” as well as “sloping floors, windows with dry rot … fire damaged floors” and more, according to the lawsuit filed in March 2023 on behalf of the Garretts by Lexington attorney Rick Hall.
Hall told The State that he feels confident in the case and is prepared to defend it at a jury trial if needed.
Now, the Garretts are nearly three years into a legal battle with essentially every party that touched the sale of the home.
The family is asking a court to decide what happens next. Judge Daniel Coble has been assigned the case.
Attorney Jahue Moore, who is representing the homes’ former owners, Trayser and Jane Dunaway, said the couple “did everything they were supposed to do and have done nothing wrong.”
The Dunaways have asked a court to dismiss the Garretts’ case and award damages to them instead for the cost of the legal battle. As part of their response to the Garretts, the Dunaways say the Garretts “must have known that they were buying a very old, historic home.”
Attorneys for the remaining defendants did not immediately respond to questions from The State, but each has denied claims of wrongdoing in legal filings made in response to the Garretts’ suit.
Both Hall and Moore said they believe the case will go to a jury trial, but no date has been set.
’Disappointed, to say the least’
The Garretts did not intend to buy a historic home, Michael told The State in an interview. But they were drawn to the Camden property’s charm and intrigued by its historical significance.
The family spent three days towing two Uhauls across the country. But when they arrived at their new home, Michael said it was dirty and didn’t look like the photos they were given.
“We were really disappointed, to say the least,” Michael said.
Almost as soon as the Garretts saw the house, they wanted out, he added.
The Garretts said they were wronged in the sale of the home, which cost $770,000, by the home’s former owners, Trayser and Jane Dunaway; Terminix and Bryan Avin, who the Garretts say were responsible for inspecting for termite damage; Gunter Inspection Group and Lanny Gunter, who conducted an inspection of the home; Keller Williams Realty Columbia, Northeast, Keller Williams Preferred and Jeanene Campbell, who sold the house; Anne Conder and The Conder Law Firm, who was the closing attorney on the home; and Andrews Appraisal Co., and Jon Andrews, who appraised the home prior to a loan being approved for the sale.
The suit begins with the Dunaways, who the Garretts say did know about major structural damage or should have known about it and failed to disclose that to the family.
Claims against the Dunaways include “fraud and deceit,” breach of contract, “negligent misrepresentation” and a claim that the Dunaways failed to disclose the presence of lead paint, which the Garretts say has caused their daughter to develop lead poisoning.
The Dunaways, via Moore, their attorney, have denied any wrongdoing. The Dunaways took $5,000 off the price of the home “in satisfaction of claims related to defects in the house,” prior to closing, and they argue they did maintain the home while living there.
Damage missed?
One of the most significant issues for Michael Garrett is the extensive termite damage that he said has compromised the structural integrity of the home, and what he said was the failure of Terminix to identify it before the sale went through.
Garrett said if the termite inspection had been more thorough, the whole chain of events that followed would have been avoided.
Terminix Service Inc. was hired to conduct a termite inspection prior to the Garretts closing on the house, but the company failed to identify the damage during their inspection, according to the lawsuit.
The Garretts argue that had they been made aware of the problems — either through proper disclosure by the sellers or a thorough inspection by Terminix — the loan to purchase the home wouldn’t have been approved, preventing the situation altogether.
Michael said he also worries that if something like this has happened to him, there may be other homeowners who don’t even realize they have termite damage.
“If this happened to us in this house, if we had [an inspection] and this much damage was missed, how many other homes are potentially in a condition like ours?” Michael told The State.
Attorneys for Terminix did not immediately reply to questions from The State, but have denied wrongdoing in court documents, stating that the termite inspection conducted on the home did contain “numerous warnings and limitations that Plaintiffs ignored or did not act upon.”
Those warnings include disclaimers that the inspection may not include areas of the home that are not visible or accessible, according to court filings by attorneys for Terminix.
More defendants
Beyond Terminix and the Dunaways, the Garretts are also suing the realtor, the closing attorney, the appraiser and an inspector who were all involved in some way in the home sale.
The suit alleges that the closing attorney, Anne Conder, who jointly represented the Garretts and Dunaways in the sale, was not fair in her representation of both seller and buyer.
“She favored the interests of the Dunaways over the Garretts by failing to inform the Garretts of the option of postponing the closing and by telling them that acceptance of a $5000.00 repair amount was their best option,” the lawsuit alleges.
The suit alleges the realtor, Jeanene Campbell with Keller Williams Preferred, failed to disclose problems with the home, including the presence of lead paint.
A home inspector, Lanny Gunter and Gunter Inspection Group, is also a defendant in the case, accused of performing a negligent inspection.
In court filings, each of these defendants have denied any allegations of wrongdoing.
The suit also alleges that Jon Andrews and Andrews Appraisal Co., which appraised the home prior to a loan being approved for the home, was negligent, reporting that the home was in “mostly good” condition.
The lawsuit says either that report was false, or that Andrews should have known it was false.
Andrews, in a legal response to the claims, has denied any wrongdoing and is also now counter-suing Michael Garrett for defamation after Garrett allegedly accused Andrews of conducting a fraudulent appraisal.
The Garretts hope a court will award them money to make repairs to the home and treat their daughter for lead poisoning. They are also requesting punitive damages for fraud and to have their legal fees covered.
The case has been ongoing since early 2023, and has been given a “complex case” designation, which in part means it may be allowed to take longer to work through the court system. No trial date has been set.
