Real Estate Agent Wants Out Of Suit
Last updated Friday, February 11, 2005 10:19 PM CST in News
By Robin Lipscomb
The Morning News
BENTONVILLE -- A Level 3 sex offender, his wife and mother have filed a counterclaim for $5 million, alleging emotional distress and anguish after they were sued for fraud by a developer after moving into a new Springdale subdivision.
Rogers attorney Ken Swindle filed the answer and counterclaim Friday on behalf of Carmen and Randall Collins and Shirley Colunga.
The original suit was filed last week by NGI Rental, developer of the neighborhood where Realtor Claudia Rodriguez-Larrain allegedly helped Carmen and Randall Collins buy a home.
The suit alleged Capital Realty Group fraudulently handled the transaction, knowing Randall Collins was convicted of molesting young girls. The Realtor knew about Randall Collins' conviction and helped her clients conceal it, the suit alleged.
The suit also alleges Randall Collins tried to make the developer pay him $250,000 to move, "or he would stay there and kill their subdivision" -- and that Randall Collins' mother co-signed the loan to help hide her son's conviction.
The day after the closing, the Springdale Police Department distributed flyers in the neighborhood warning a Level 3 sex offender had moved there. Sales in the subdivision "have come to a standstill" because the developer is obligated to tell potential purchasers about Collins, the suit stated.
According to the answer and counterclaim, neither Carmen and Randall Collins nor Colunga tried to hide Randall Collins would live in the home.
They suggested NGI Rentals should ask potential buyers who will live in a home. They denied offering to move for $250,000, but said they did tell NGI it would cost that much to buy a new home and move.
"Any allegation that this amount was an attempt by the defendants to profit from their unfortunate situation is ludicrous," the answer stated.
They also claim NGI used "outrageous methods in an attempt to intimidate, harass and coerce the defendants into selling their property."
Randall Collins was told neighbors were "very upset and willing to do anything to get you out of the subdivision. They have people to sit and wait at the bus drop to protect their children from you," the suit alleged.
Also Friday, the real estate agent filed a motion to be dismissed from the suit.
"I found that (Randall Collins) was a sex offender after the day of closing" from another real estate agent, Rodriguez-Larrain said in an affidavit attached to the motion.
Rodriguez-Larrain said she sold more than four houses in the subdivision on Grainger Road, and "would never do anything to harm my reputation and my clients."
Rodriguez-Larrain is represented by Rogers attorney Mauricio Herrera.
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