PLAINTIFFS ORIGINAL COMPLAINT

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Plaintiffs in pro per

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Defendant(s)

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Case No.: PLAINTIFF’S ORIGINAL COMPLAINT

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1. PARTIES
2. Plaintiff Don Richard Grant is a law-abiding, male adult citizen of sound mind and a resident of 5001 Allyson Ct., Austin, TX 78744.
3. Plaintiff Jacqueline Lilian Harrington is a law-abiding, female adult of sound mind and a resident of 5001 Allyson Ct., Austin, TX 78744.
4. Defendant James Austin is a male adult of sound mind and a resident of the State of Texas.
5. Defendant Justin Mynier is a male adult of sound mind and a resident of the State of Texas.
6. Defendant Tyler Wilson is a male adult of sound mind and a resident of the State of Texas.
7. Defendant New Western d/b/a Texas Capitol, LLC is a company incorporated under the laws of the State of Texas.

1. JURISDICTION AND VENUE
2. Jurisdiction exists in this Court pursuant to Section 24.007 of the Texas Government Code.
3. Venue is proper in this Court because the events and causes of action described herein took place in and within Travis County.

1. STATEMENT OF FACTS
2. Plaintiffs are residents of the property located at 5001 Allyson Ct., Austin, TX 78744 (hereinafter referred to as the “Subject Property”).
3. On 04/18/2023, an appraisal was conducted on the Subject Property and it’s value was determined to be $250,000.
4. On 05/16/2023, Plaintiff Jacqueline filed a petition for divorce against Plaintiff Don.
5. Currently, Plaintiff Jacqueline resides at 13516 Gerald Ford Street, Manor, TX 78653 while Plaintiff Don resides in the Subject Property.
6. In an agreement dated April 21, 2023, Plaintiff Don agreed to sell the Subject Property to Plaintiff Jacqueline in the amount of $200,000.
7. Defendants wished to purchase the Subject Property from Plaintiff Don.
8. Defendant failed to list the Subject Property on the MLS and failed to disclose the fact that he was a cooperating broker.
9. Defendant also misrepresented the fact that New Western and Texas Capitol, LLC were the exact same company.
10. If the broker had listed the Subject Property on the MLS, Plaintiff Jacqueline would have made Defendants aware of her pending contract with Plaintiff Don.
11. Plaintiff Jacqueline would have also made Defendants aware of Plaintiff Don’s declining capacity.
12. Defendants failed to fill in all terms of the brokerage contract and to provide a copy of the contract to the client.
13. Defendants failed to ensure that agreements related to real estate transactions including but not limited to, listing and representation agreements, purchase contracts and leases are in clear writing and understandable language expressing the specific terms, conditions, obligations and commitments of the parties, such as Plaintiff’s HUD-1 statement.
14. Defendants took advantage of Plaintiff Don’s declining mental capacity as he was unable to even provide an accurate signature, only signing with his first and middle name.
15. Defendants failed to make reasonable efforts to determine if Plaintiff is subject to a current, valid, exclusive agreement to provide the same type of real estate services.
16. If Defendants had made reasonable efforts, they would have discovered that Plaintiffs had a real estate contract protected by an automatic stay order issued by the family division of this court, cause number D-1-FM 2351555.
17. However, Defendants have tried to evict Plaintiffs from the Subject Property. Alongside threats of eviction, Defendants also harassed and intimidated Plaintiffs to move out of the Subject Property.
18. As a result of Defendant’s actions, Plaintiffs have suffered emotional distress and worse, Plaintiff Don a nervous breakdown.
19. Defendants’ actions have harmed Plaintiffs and they should pay damages to Plaintiffs.

1. CAUSES OF ACTION

Count 1: Intentional Infliction of Emotional Distress

27. On or about May 16, 2023, Plaintiff Jacqueline filed a petition for divorce against Plaintiff Don.
28. Plaintiffs and Defendants were involved in a real estate transaction wherein Defendants acted as the listing broker for the sale of the Subject Property.
29. Defendants engaged in a series of willful and outrageous acts, intentionally causing severe emotional distress to Plaintiff. These acts include, but are not limited to, the following:
30. Failure to List Subject Property: Defendants failed to list the Subject Property on the Multiple Listing Service (MLS) and concealed this fact from Plaintiffs, depriving Plaintiffs of a fair opportunity to market the property and secure potential buyers.
31. Misrepresentation of Corporate Affiliation: Defendant knowingly and falsely represented that New Western and Texas Capitol, LLC were the same company, misleading Plaintiff and causing confusion and harm to Plaintiff’s understanding of the transaction.

• Concealment of Pending Contract: If the Subject Property had been listed on the MLS, Plaintiff Jacqueline would have disclosed her pending contract with Plaintiff Don to Defendants, thereby enabling Defendants to consider and honor the existing contractual relationship.

1. Failure to Disclose Declining Capacity: Plaintiff Jacqueline would have also made Defendants aware of Plaintiff Don’s declining mental capacity, which was material information affecting the transaction. Defendants’ failure to disclose this fact deprived Plaintiffs of the opportunity to make informed decisions and receive appropriate accommodations.
2. Incomplete Brokerage Contract: Defendants failed to fill in all terms of the brokerage contract and failed to provide a copy of the contract to Plaintiffs, thereby violating their contractual obligations and hindering Plaintiffs’ understanding of their rights and obligations in the transaction.
3. Lack of Clear and Understandable Agreements: Defendants neglected to ensure that agreements related to the real estate transaction, such as listing and representation agreements, purchase contracts, and leases, were written in clear and understandable language, expressing specific terms, conditions, obligations, and commitments. This lack of clarity caused confusion, frustration, and emotional distress to Plaintiff.

• Exploitation of Declining Mental Capacity: Defendants took advantage of Plaintiff Don’s declining mental capacity by exploiting his inability to provide an accurate signature, thereby undermining Plaintiff Don’s autonomy and causing significant emotional distress.
• Failure to Determine Existing Agreement: Defendants failed to make reasonable efforts to determine if Plaintiff was subject to a current, valid, exclusive agreement for the provision of the same type of real estate services. This failure to conduct due diligence resulted in Defendants’ disregard for Plaintiffs’ rights and interests and contributed to the intentional infliction of emotional distress experienced by Plaintiffs.

2351555. Violation of Automatic Stay Order: If Defendants had made reasonable efforts, they would have discovered that Plaintiffs had a real estate contract protected by an automatic stay order issued by the family division of this court, cause number D-1-FM 2351555. Defendants’ failure to identify and respect the legal protections afforded to Plaintiffs further exacerbated Plaintiffs’ emotional distress and violated their rights.
2351556. Plaintiffs’ cause of action for intentional infliction of emotional distress is based on the following elements, which are present in the instant case:
2351557. Extreme and Outrageous Conduct: Defendants engaged in conduct that was extreme and outrageous, exceeding the bounds of decency and social norms. The cumulative effect of Defendants’ failure to list the Subject Property, misrepresentation of corporate affiliation, concealment of a pending contract, failure to disclose declining capacity, incomplete brokerage contract, lack of clear agreements, exploitation of declining mental capacity, and disregard for existing agreements amounted to extreme and outrageous behavior.
2351558. Intent or Recklessness: Defendants acted with the intent to cause emotional distress to Plaintiffs or with reckless disregard for their emotional well-being. Defendants’ intentional acts and omissions, designed to manipulate the transaction to their advantage and disregard Plaintiffs’ rights and interests, demonstrate a clear intent to cause emotional harm or a reckless indifference to the consequences of their actions.

• Severe Emotional Distress: Defendants’ intentional conduct has caused Plaintiffs to suffer severe emotional distress, as evidenced by [describe the impact on Plaintiffs’ emotional well-being, such as severe anxiety, depression, emotional turmoil, and physical manifestations of distress].

31. The Defendants, despite not having lawful authority, has attempted to evict the Plaintiffs from the Subject Property.
32. Alongside the attempts of eviction, the Defendants have made repeated threats, harassed, and intimidated the Plaintiffs, both verbally and through written communications, in an effort to force the Plaintiffs to vacate the Subject Property.
33. As a direct and proximate result of the Defendants’ intentional actions, the Plaintiffs have suffered severe emotional distress, including but not limited to a nervous breakdown, requiring medical attention and treatment.
34. The Defendants’ conduct of attempting to evict the Plaintiff without lawful authority, coupled with the threats, harassment, and intimidation, demonstrates an intentional and reckless disregard for the Plaintiffs’ emotional well-being.
35. The Defendants’ conduct has been extreme and outrageous, exceeding all bounds of decency and causing the Plaintiffs severe emotional distress.
36. The Defendants’ actions were intentional, willful, and purposeful, with the specific intent to cause emotional distress to the Plaintiffs.
37. As a direct and proximate result of the Defendants’ intentional infliction of emotional distress, the Plaintiffs have suffered severe emotional harm, including a nervous breakdown, requiring medical intervention.

Count 2: Trespass to Land

38. The Plaintiffs are the lawful residents and possessors of the Subject Property, located at 5001 Allyson Ct., Austin, TX 78744.
39. On or about [Date], the Defendants, without any legal right, authority, or permission, entered the Subject Property and attempted to evict the Plaintiffs from their lawful possession.
40. The Defendants’ actions in entering and attempting to evict the Plaintiffs from the Subject Property constitute trespass to land under Texas law.
41. The Plaintiffs have continuously resided at the Subject Property and have exclusive possession and control over the premises.
42. The Defendants have wrongfully asserted ownership and control over the Subject Property and have repeatedly threatened the Plaintiffs with eviction.
43. The Defendants’ actions have caused significant distress, fear, and anxiety to the Plaintiffs. The Plaintiffs’ peaceful enjoyment and use of the Subject Property have been disrupted as a direct result of the Defendants’ trespass and harassing behavior.
44. The Defendants, by unlawfully entering the Subject Property and attempting to evict the Plaintiffs, have committed the tort of trespass to land in violation of Texas law.
45. The Defendants’ trespass to land has caused harm and damages to the Plaintiffs, including but not limited to emotional distress, fear, anxiety, and interference with their peaceful possession and use of the Subject Property.
46. The Defendants’ trespass to land was intentional, willful, and without any legal justification or excuse.
47. The Plaintiffs have suffered and continues to suffer actual damages, including emotional distress and disruption of their peaceful possession and use of the Subject Property.
48. Pursuant to Texas law, the Plaintiffs are entitled to recover compensatory damages for the harm caused by the Defendants’ trespass to land.

Count 3: Fraud

49. On 04/18/2023, an appraisal was conducted on the Subject Property, determining its value to be $250,000.
50. On 05/16/2023, the Defendant filed a petition for divorce against the Plaintiff.
51. The Plaintiff, as the lawful resident and possessor of the Subject Property, currently resides at the Subject Property, while the Defendant resides at a separate address in Manor, TX.
52. On April 21, 2023, the Plaintiff and the Defendant entered into an agreement wherein the Plaintiff agreed to sell the Subject Property to the Defendant for the sum of $200,000.
53. Pursuant to the agreement, the Defendant made several false representations and engaged in fraudulent conduct to induce the Plaintiff to enter into the agreement.
54. The Defendant falsely represented that they would pay the full purchase price of $200,000 for the Subject Property.
55. Relying on the Defendant’s false representations, the Plaintiff agreed to sell the Subject Property to the Defendant.
56. However, the Defendant had no intention of fulfilling their promise to pay the full purchase price and intentionally deceived the Plaintiff with the intent to defraud him.
57. The Defendant, through false representations and fraudulent conduct, induced the Plaintiff to enter into the agreement for the sale of the Subject Property. The Defendant’s false representations regarding their intention to pay the full purchase price of $200,000 constituted fraud, as they knowingly made false statements with the intent to deceive the Plaintiff and induce them to enter into the agreement.
58. The Plaintiff justifiably relied on the Defendant’s false representations and fraudulent conduct, believing that the Defendant would fulfill their promise to pay the full purchase price for the Subject Property. As a result of this reliance, the Plaintiff suffered harm and detriment.
59. As a direct and proximate result of the Defendant’s fraud, the Plaintiff suffered damages, including but not limited to financial losses, the devaluation of the Subject Property due to the Defendant’s failure to complete the purchase, and the costs incurred in pursuing legal remedies.

Count 4: Elder Abuse

60. Plaintiff Don, the elderly individual in this case, is [INSERT AGE] years old and a vulnerable adult, as defined by Texas law.
61. The Defendants, through their actions and omissions, have subjected Plaintiff Don to physical, emotional, and financial abuse, exploiting his vulnerability and taking advantage of his diminished capacity.
62. The Defendants have subjected Plaintiff Don to emotional abuse, causing severe emotional distress, anxiety, and mental anguish, including: verbal insults, threats, and intimidation aimed at demeaning and belittling Plaintiff Don, and engaging in psychological manipulation and control tactics to exert power over Plaintiff Don.
63. As a result of Defendants’ elder abuse, Plaintiff Don has suffered damage, including but not limited to emotional distress and a nervous breakdown.

Count 5: Harassment

64. On 04/18/2023, an appraisal was conducted on the Subject Property, determining its value to be $250,000.
65. Plaintiffs, as the lawful residents of the Subject Property, currently reside at the Subject Property.
66. On April 21, 2023, Plaintiff Don and Defendants entered into an agreement wherein the Plaintiff agreed to sell the Subject Property to the Defendants for the sum of $200,000.
67. Pursuant to the agreement, the Defendant was obligated to pay the Plaintiff the full amount of $200,000 as the purchase price for the Subject Property.
68. However, the Defendants have failed to fulfill their contractual obligation and have only paid a partial sum of the agreed-upon purchase price. The outstanding balance remains unpaid.
69. The Defendants have engaged in a pattern of unwanted behavior, including threats, intimidation, and attempts to evict the Plaintiffs from the Subject Property. The Defendants’ conduct is intended to cause distress, annoyance, and to interfere with the Plaintiff’s peaceful enjoyment of the Subject Property.
70. The Defendants’ continuous harassment, threats, and attempts to evict the Plaintiffs have caused the Plaintiffs significant emotional distress, fear, anxiety, and have disrupted their peaceful enjoyment of the Subject Property. As a result, the Plaintiffs have suffered harm, including emotional trauma and psychological distress.

1. PRAYER FOR RELIEF

REASONS WHEREFORE, PREMISES CONSIDERED, Plaintiffs respectfully request this Honorable Court to GRANT them the following reliefs:

1. GRANT judgment in favor of Plaintiffs and against Defendants;
2. ISSUE a declaration that Defendants are liable for intentional infliction of emotional distress, trespass to land, fraud, elder abuse and harassment;
3. AWARD Plaintiffs damages for intentional infliction of emotional distress, trespass to land, fraud, elder abuse and harassment in the sum of $____________;
4. AWARD Plaintiffs punitive damages;
5. AWARD Plaintiffs costs of this suit;
6. AWARD Plaintiffs such equitable relief as this Court deems fair under the circumstances; and
7. AWARD Plaintiffs such further relief as this Court deems proper.

Dated this ___ XXXX

Respectfully Submitted,

	XXXXt,Plaintiff in pro per XXXXX Plaintiff in pro per

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