“Fixer to Fabulous” stars Dave and Jenny Marrs averted a courtroom trial in an alleged breach of contract and warranty lawsuit by settling the claims filed against two of their companies.
Plaintiffs Matthew and Sarah McGrath sued Marrs Construction and Jupiter Rentals two years ago in Benton County Circuit Court in Arkansas.
“Plaintiffs are entitled to all costs associated with the repair of the Property at the Defendants’ expense,” the Feb. 7, 2023 complaint states. “The Plaintiffs pray this Court find the Defendants liable for breach of implied warranties, and award the Plaintiff damages in an amount to be determined at trial.”
Home & Garden TV (HGTV) premiered “Fixer to Fabulous” in 2019. During the reality TV show, cameras track the duo while they renovate historic homes in the Bentonville, Arkansas, area where the plaintiffs reside.
The McGraths allege they purchased a $559,000 home from Jupiter Rentals in 2022 with a down payment of $15,000.
They say the company had also agreed to perform additional upgrades and repairs to the house, but many were not completed, and some allegedly caused further damage to the house.
“The Plaintiffs ultimately had their home inspected by a structural engineer and have learned that the deficiencies in the construction of their home are even more numerous than they were aware,” the McGraths’ attorney, Tim Watson Jr., wrote in the lawsuit.
The trial against the couple’s companies was set to be dismissed days before its scheduled date, Jan. 27, according to a settlement document dated Jan. 24 that was reviewed by The Epoch Times.
Echo Fine Properties CEO and broker Jeff Lichtenstein in Jupiter, Florida, noted that it’s rare for home sellers to be sued.
“Most issues get resolved before they get that far,“ Lichtenstein told The Epoch Times on Jan. 30. ”Usually, everything is caught during the inspection.”
Court-ordered mediation between the two legal parties had reportedly failed.
“The Plaintiffs have attempted to seek an agreement from Marrs Construction pursuant to the warranty for the repair of those defects, and based on their information and belief, Marrs Construction has declined,” the lawsuit further states.
“The Plaintiffs additionally attempted to seek an agreement from Jupiter Rentals for the repair and completion of the work on the home, and Jupiter Rentals has not responded.”
Marrs Construction and Jupiter Rentals provided the plaintiffs with warranties, according to the lawsuit.
The Marrs family and Tim Anderson, who represents the defendants, did not respond to requests for comment by publication time.
Experts say that upgrading or repairing a home is often necessary and can also increase the value of the property.
“There are really a lot of different things that can be considered a defect that needs repair,” Houston-based Brilliant Day Homes owner Kevin Bazazzadeh told The Epoch Times on Jan. 30. “This can be anything from a cracked tile all the way to a cracked foundation.”
Bentonville has historic districts and numerous individual buildings listed on the National Register of Historic Places. Many homes were built between the 1870s and the 1930s, and the U.S. Census Bureau reports that around 54,000 people live in the small city.
Home upgrades such as modernizing light fixtures, updating flooring to luxury vinyl planks, and installing energy-efficient LED lighting are popular additions to such older homes.
“Such renovations to a historic home give the interior a fresh look and also meet the demand for modernity and efficiency among buyers,” Florida realtor Alexei Morgado told The Epoch Times on Jan. 30.
However, not everyone can afford to create their dream home. While some choose to have carpet installed, others can afford to pay more for hardwood flooring, according to Bazazzadeh.
“Additional upgrades are really based on what the buyer wants to have in their home to feel comfortable and what their budget is,” he said.