Agee v. Speers

803 So. 2d 406, 2001 WL 1614866
CourtLouisiana Court of Appeal
DecidedDecember 19, 2001
Docket35,600-CA
StatusPublished
Cited by1 cases

This text of 803 So. 2d 406 (Agee v. Speers) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Agee v. Speers, 803 So. 2d 406, 2001 WL 1614866 (La. Ct. App. 2001).

Opinion

803 So.2d 406 (2001)

Tonya Lynne AGEE, Plaintiff-Appellee,
v.
James M. SPEERS and Ina S. Rollins, Defendants-Appellants.

No. 35,600-CA.

Court of Appeal of Louisiana, Second Circuit.

December 19, 2001.

*407 Boggs & Thompson by A. Michael Boggs, Bossier City, Counsel for Appellants, James Speers and the Unopened Succession of Ina S. Rollins.

*408 Tommy K. Cryer, Shreveport, Counsel for Appellee.

Before BROWN, WILLIAMS and GASKINS, JJ.

BROWN, J.

Defendants, James M. Speers and the Unopened Succession of Ina S. Rollins, appeal a judgment of the trial court reducing the purchase price of immovable property by $7,500, together with attorney fees and costs in this redhibitory action. For the following reasons, we affirm the judgment of the trial court.

Facts

On September 22, 1997, plaintiff, Tonya Lynne Agee Mann ("Agee"), purchased a lot with improvements, including a mobile home and garage apartment, located at 5632 Benton Road near Benton, Louisiana, from defendants, James M. Speers and Ina S. Rollins. The purchase price was $58,500. Ms. Agee testified that she was particularly interested in the property due to the separate garage apartment. Ms. Agee wanted to provide a separate residence for her mother and this feature of the property was a significant factor in her decision to purchase the property.

Prior to closing the sale, a property inspection revealed that there were several problems that needed to be addressed in both the mobile home and garage apartment. According to Ms. Agee, the problems appeared to have been taken care of and she closed the sale. Shortly afterwards, when making some cosmetic changes in the garage apartment, Ms. Agee discovered that the paneled wall behind the toilet in the bathroom concealed water-soaked sheetrock, and rotten, insect-damaged wall studs apparently due to periodic flooding. Further inspection revealed that the roof of the building, which had been mentioned in the inspection prior to purchase as needing additional bracing, was constructed with substandard materials. The repairs required extensive remodeling, including installation of a new roof and the replacement of some of the framing, drywall, electrical lines, plumbing and flooring. Ms. Agee filed the instant redhibition suit seeking a diminution in the sales price equal to her outlay for these repairs and award of general damages, attorney fees and costs.

The trial court concluded that the garage apartment contained redhibitory defects and that the sellers had attempted to conceal the fact that the garage apartment flooded. Specifically, the trial court found that there was rotten wood damage in the bathroom walls that had been concealed by paneling, and the roof was constructed with substandard materials. The court reduced the purchase price by $7,500, half the amount requested by plaintiff, and awarded $2,500 in attorney fees.

Defendants appeal the finding of redhibitory defects, the finding of bad faith and the reduction of the purchase price by $7,500.

Discussion

In Gaston v. Bobby Johnson Equipment Co. Inc., 34,028 (La.App. 2d Cir.11/03/00), 771 So.2d 848, this court explained the law of redhibition. A seller warrants the buyer against redhibitory defects or vices in the thing sold. A defect is redhibitory when it renders the thing useless, or its use so inconvenient that it must be presumed the buyer would not have bought the thing if he had known of the defect. The existence of such a defect gives a buyer the right to obtain rescission of the sale. La.C.C. art. 2520. Gaston, supra. However, a buyer may choose to seek only reduction of the price even when the redhibitory defect is such as to give him the right to obtain rescission of the sale. La.C.C. art. 2541.

*409 The implied warranty against redhibitory defects covers only hidden defects, not defects that were known to the buyer at the time of the sale, or defects that should have been discovered by a reasonably prudent buyer. La.C.C. art. 2521. A seller who knows that the thing he sells has a defect but fails to declare it or misrepresents the quality of a thing is liable not only for the return of the purchase price with interest from the time it was paid and reasonable expenses occasioned by the sale and those incurred for the preservation of the thing, but also for damages and reasonable attorney fees. La.C.C. Art. 2545. A seller is deemed to know that the thing he sells has a redhibitory defect if he manufactured the thing. La.C.C. 2545.

The existence of redhibitory defects is a question of fact, and the trial court's conclusions about them should not be set aside absent manifest error. Gaston, supra.

The pivotal issue in this case is whether Ms. Agee was made aware of the problems upon which she based the redhibitory action by the inspection report of Rhea or in Speers' disclosure statement. Appellants contend that these two documents disclosed the alleged defects to Ms. Agee, or at least put her on notice warranting further inquiry, and therefore, the defects were not redhibitory (hidden), nor were they, as sellers, in bad faith.

The garage apartment structure consists of a 20' × 40' building in front of and adjacent to the mobile home. Originally, the structure was simply an open carport with a concrete slab poured around the posts supporting the roof. Speers testified that he personally enclosed the walls with siding and converted the back of the building to an apartment by installing walls and ceilings that divided the quarters into a living room, kitchen, bedroom and bathroom, while the front part of the building remained a garage. A sidewalk runs from the door of the apartment to an enclosed porch in front of the mobile home. Speers, who admitted that he was not a skilled carpenter, did not obtain building permits or the inspections typically required for residences, although there was some question at trial whether they were required outside the city limits. Expert testimony at trial indicated that ordinary residential construction methods and standards were not followed.

Speers executed a "property condition disclosure form" on June 17, 1997. The form consists of a list of questions regarding the condition of the property and improvements, including specific questions about the condition of the roof, foundation, wall and roof structure, wiring, plumbing, whether the property ever flooded, whether it had drainage problems, whether it ever had termites, and whether the seller knew of any additions, repairs or substandard workmanship in the property. Speers checked the "no" column on all of those matters listed above, except for the questions on drainage, termites and building additions. The question on termites was left blank. Although he checked that the property did not flood, Speers wrote concerning drainage that the property "has low spot which holds water if have very heavy or prolonged rain." Regarding his knowledge of additions and repairs, Speers listed "deck, pool, front porch and garage apartment and garage" as "additions" and he marked through the phrase "substandard workmanship," thereby eliminating this part of the question.

At trial, Speers testified that the "low spot" referred to on the form is essentially the entire yard. Although Speers did not disclose that the property flooded and that water would enter the garage apartment, his testimony indicates that he was aware *410 that the property "became a lake" whenever it rained. According to Ms.

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803 So. 2d 406, 2001 WL 1614866, Counsel Stack Legal Research, https://law.counselstack.com/opinion/agee-v-speers-lactapp-2001.