Evermore Park sues Nevada couple that planned to buy the property, couple files counterclaim
NOTE: A lawsuit represents only one side of the story.
PLEASANT GROVE, Utah () — Evermore Park Investments, LLC, has filed a lawsuit against Travis and Michelle Fox — the Nevada couple who had — over an alleged breach of the sales contract.
The lawsuit was filed on Jan. 3, 2025, and alleges the couple and their limited liability companies — Allrealms and Realm ATV — breached the sales contract, breached an implied covenant of good faith and fair dealing, and were .
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Evermore Park Investments, LLC is seeking 'no less than $300,000' to cover attorney fees, other relief, and for 'pre- and post-judgment interest on all amounts owed to Evermore.'
According to the lawsuit, an initial agreement to sell the property to Allrealms was entered in February 2024, 'whereby Evermore agreed to sell the Property to Allrealms.' The purchase price of the property was nearly $15 million.
The settlement deadline was originally set for April 30, 2024, but got pushed back to June 28, 2024. Around June 28, the parties executed the 'Agreement for Sale of Real Estate,' the lawsuit says.
The couple paid the first of several monthly $70,000 installments in July 2024, but requested Evermore waive the installment for November 2024. The park waived the November fee, after which the defendants reportedly asked to waive the installment fee in December as well.
'Evermore did not agree to this, nor did it provide a waiver, and Realm ATV remained obligated to pay the $70,000 Installment for December,' the suit says.
The Foxes allegedly did not pay the December installment and later sent a document to Evermore that sought to lower the purchase price of the property by millions of dollars.
The lawsuit also says Travis and Michelle Fox used the property to film promotional videos and other videos that they reportedly posted on their social media pages and YouTube channels. The lawsuit says the couple promoted themselves as the owners even though they did not yet own the property.
The deal was not finalized and the sale did not go through by the deadline of Dec. 31, 2024.
ABC4.com reached out to the attorneys for Evermore Investments, LLC, and has yet to hear back at the time of publication.
On Jan. 27, 2025, Travis and Michelle Fox and their companies filed a counterclaim against Evermore Park Investments. The defendants argue that the lawsuit was filed 'prematurely and in bad faith.'
Regarding the final deadline not being met, the defendants argue in their counterclaim that Evermore did not fulfill 'critical contractual obligations, and that failure prevented the final closing.'
The Foxes argue that Evermore 'acted in bad faith in negotiating and preparing for the contemplated sale of the property' and concealed facts (negligently or intentionally) that 'would have destroyed any interest' the defendants had in buying the property.
The counterclaim also argues that Evermore refused to meet with the defendants and 'failed to make adequate repairs to the Property' as stated in the contract.
When the defendants asked for a waiver of the November installment, the counterclaim argues the waiver was requested so that The Realm ATV could pay for repairs upfront, as requested by Evermore.
The defendants also argue that the videos they took at the property were taken with the consent of Evermore and were not promotional. The defendants claim Evermore breached 'contractual confidentiality agreements' and referred to Travis and Michelle Fox as the new owners before the sale closed.
The defendants are asking the court to dismiss the lawsuit by Evermore , which would mean Evermore could not refile the same claim again in the same court. The defendants are also seeking the costs of reasonable attorney fees and an award of damages.
ABC4.com reached out to the attorneys for Michelle and Travis Fox, but has yet to hear back at the time of publication.
Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
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