Realtor alleges roofer threatened him with a bat over repair work

Andrea Dearden Aug. 4, 2011, 2:59am

A Madison County real estate company claims the sellers of a Maryville apartment complex failed to mention the building had a leaky roof.

Shrestha Realty LLC and Arjun K. Shrestha filed a lawsuit July 29 in Madison County Circuit Court against Jerry Woods, Larry Shilder, Shashindra Khadka and an unidentified roofer.

Court records show Shrestha Realty bought an apartment complex from Woods in June 2009. The agent, Arjun K. Shrestha, says he was told by Woods that the roof on the Patty Wood property did not leak.

However, Shrestha contends Woods knew the roof leaked at least three years prior to the sale of the complex and tried to have the roof fixed in 2006 by an unknown roofer.

Shrestha claims the re-roofing wasn't done according to city code, allowing the roof to continue to leak. The agent says water damage to the structural supports for the roof eventually gave way, causing major damage to the room.

After purchase of the complex, Shrestha says he hired Shilder in 2010 to fix the defects and paid him more than $51,000 to do so. Shrestha claims Shilder, and his partner Khadka, did not complete the repairs. When he complained to Shilder about not doing the work, Shrestha alleges that Shilder threatened him with a baseball bat.

Shrestha accuses Woods of fraud and of violating building codes. He accuses Shilder and Khadka of breach of contract and assault. The agent is asking for more than $350,000 in damages plus court costs from the four defendants.

Shrestha is represented by attorney Thomas G. Maag of Wood River.

Madison County Circuit Court Case No. 11-L-744.

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