A couple that sold a historic home in Aiken, along with a parcel of land nearby, for a seven-figure price has taken legal action against the buyer, claiming that he has defaulted on a loan.
But the response and counterclaims from the defendant’s lawyer maintain that his client has been meeting the terms of the agreement.
It also states that the couple “concealed facts that should have been disclosed” and “made false material representations” about the house’s condition.
Richard and Carol Amendola filed their lawsuit against Cody Anderson on March 17 in the Court of Common Pleas for South Carolina’s 2nd Judicial Circuit.
Anderson is the owner of George Funeral Home and Cremation Center in Aiken.
Last August, he purchased the Constantine House at 3406 Richland Ave. West for $1 million, according to Aiken County land records.
Included in the deal was a parcel of land at 3401 Kings Sport Way.
Anderson told the Aiken Standard that he would be leaving the Constantine House to USC Aiken following his death so it could be used as the residence for the school’s chancellor.
At the time, Anderson made a $50,000 down payment, his attorney, John Harte, said March 26.
Greek architect Augustus Edison Constantine designed the Constantine House, which was built in the Kalmia Hill neighborhood in 1935.
The Amendolas lived in the 4,936-square-foot classic Georgian home for nearly 20 years.
According to the Amendolas’ suit, Anderson promised to pay them $950,000 “plus interest” at the rate of 4.5% per year “during the period of indebtedness.”
Under the agreement, the suit states, there would be 77 monthly installment payments of $4,814 apiece, “with a final payment of all remaining principal and accrued interest due on April 15, 2027."
Also part of the agreement was a “single principal reduction” payment of $600,000, according to the suit.
It would be due when properties owned by Anderson at 116 Charles Towne Place in Woodside Plantation and Donald K. Gordon at 56 Cherry Hills Drive in the Houndslake subdivision were sold, the suit states.
Based on the agreement, if those properties weren’t sold before Aug. 31, 2021, the $600,000 would be due then.
Gordon died last December.
According to the Amendolas’ suit, even though Anderson’s property was sold in January of this year and Gordon’s property was sold in November 2020, Anderson has not paid them $600,000 yet.
A monthly payment that was due March 15 also has not been received, the suit states.
As of March 15, the total amount due, including accrued interest, was $939,453.98, according to the suit.
The Amendolas are seeking that amount and more, which includes expenses, “prejudgment” interest based on the “statutory rate” of 8.75%, attorneys’ fees and other costs.
Andrew R. Hand, John M.S. Hoefer and Mitchell Willoughby of the Willoughby & Hoefer firm in Columbia are the Amendolas’ attorneys.
Hand told the Aiken Standard on March 26 that he and the Amendolas’ other lawyers wouldn’t be commenting on the “pending litigation” and that the Amendolas’ position would be “stated in the filings and the court proceedings.”
Harte talked briefly March 26 to the Aiken Standard about Anderson’s response and counterclaims, which were filed March 25.
“The situation, as we see it, is that the property that Cody Anderson bought had numerous major defects, which first of all were not disclosed during the negotiations," Harte said. "Secondly, there were conditions that were misrepresented. We attempted to reach out to the sellers and open a line of communication to try to negotiate. Instead of responding as I expected them to do, which would be to open a discussion outside of court to try to resolve the problem, they filed this foreclosure action, which is without merit.
“He (Anderson) is not in default," Harte continued, “and we will establish that if we have to go to court. Hopefully, we won’t have to go to court, and we’ll get it resolved without that.”
Anderson “has made the payments as required,” Harte said. “He has done what he agreed to do. There was an agreement for him to refinance and get a mortgage to cover the entire balance rather than paying it out over time to them (the Amendolas). They are ignoring that agreement and ignoring the payments that he has made. It is very unfortunate they’ve chosen that path, but so be it.”
Anderson’s response states that he “gave notice of his intent to accelerate the entire amount due by obtaining a mortgage from a bank or lending institution rather than making the $600,000 payment” prior to Aug. 31, 2021.
The Amendolas “did not object to that course of action and allowed the Defendant to move forward with that process,” according to the response.
Anderson believes the Amendolas should be prevented from asserting a default, seeking foreclosure and enforcing the contract, based on his response.
The couple “breached the contract by remaining in the home longer than permitted under the contract and by leaving a very large quantity of personal property in the house,” the response states.
In addition, the response accuses the Amendolas of fraud, negligent misrepresentation and unjust enrichment.
Also according to Anderson’s response, the Amendolas told him that the “overall condition of the house was sound and would not require repairs or would only require minor repairs.”
But “in fact, extensive repairs were needed,” the response states.
Anderson claims that the Constantine House’s electrical system and wiring, plumbing system and roof all need to be replaced.
There also are other problems, according to the response.
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