Bellott v. Emery

748 So. 2d 16, 1999 La. App. LEXIS 2477, 1999 WL 735853
CourtLouisiana Court of Appeal
DecidedSeptember 22, 1999
DocketNo. 32,104-CA
StatusPublished
Cited by3 cases

This text of 748 So. 2d 16 (Bellott v. Emery) 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
Bellott v. Emery, 748 So. 2d 16, 1999 La. App. LEXIS 2477, 1999 WL 735853 (La. Ct. App. 1999).

Opinion

_LlDREW, J.

This lawsuit arises out of Michael and Patricia Bellott’s August 1996 purchase of a residence located at 3501 Janice Drive in Ruston, Louisiana. The Bellotts appeal a judgment dismissing, on motion for summary judgment, their claims against Ru-ston Building and Loan Association and its Vice-President, Warren Post, who financed the Bellott’s home purchase. We affirm.

FACTS

Michael Bellott was transferred to a position in Arcadia, Louisiana from West Virginia. Upon arriving in Ruston on August 5, 1996 to search for a home, the Bellotts called the local Century 21 real estate office. The Bellotts first examined the residence which is the subject of this lawsuit on August 8th, staying for nearly an hour. After they inquired about why the soil in the backyard was soft, their real estate agent, Camille Burkhalter, told them that it had rained recently and that this was typical of soil in Louisiana. The Bellotts also noticed a pipe exiting the house’s crawlspace and asked what it was, but Burkhalter did not know. Mr. Bellott testified in his deposition that he was not concerned about the ground’s condition.

The Bellotts made an offer that day to purchase the home, but their offer was rejected. They looked at the same house again the next day. A second offer to buy was also rejected. While the second offer was still pending, the Bellotts approached Post about Ruston Building & Loan Association (“RBL”) financing their home purchase. Different types of loans were discussed at this August 9 meeting. According to Mr. Bellott, Post did not indicate that he personally knew anything about this home.

A third offer was made and accepted on August 10th. Listing Agent Theo Barr told the Bellotts that she did not know why the ground was mushy or what the white pipe in the crawlspace was. After the contract was accepted, Barr gave the | ^Bellotts a survey of the land showing that most of the property was in a flood zone. [18]*18The Bellotas left for West Virginia that same afternoon. When the Bellotas returned to West Virginia, they filled out loan papers and faxed them to Post.

Danny Carroll performed an appraisal for RBL on August 14, 1996. In the property description section of the Uniform Residential Appraisal Report, Carroll wrote that the drainage appeared inadequate and also checked a box indicating that the home is in a FEMA Special Flood Hazard Area. The notation about the flood hazard area was repeated in the MultiPurpose Appraisal Addendum. Under the heading “Conditions of Improvements” in the “Additional Comments” section of the appraisal, Carroll wrote:

There are soft areas and raised areas in the floor in the family, kitchen, and master bedroom. These areas need to be repaired, as well as the subfloor throughout the entire residence for wood damaged areas, needs to be checked. An engineers study would also need to be done to see if any of the peers [sic] have settled. The dirt under the residence is damp and there is a sump pump to remove excess water, this needs to be filled in and dried out. Water needs to be diverted away from the structure so as to keep the area under the residence dry. Any exterior rotten wood needs to be replaced and repainted.

Post called the Bellotas on the date of the appraisal to tell them about the appraisal and the status of their loan. Mr. Bellota testified in his deposition that he and Post talked about the house’s drainage problem. According to Mr. Bellota, Post told him that the sump pump would have to be removed from the crawlspace, additional dirt would have to be placed under the house and landscaping would be done to remedy the drainage problem. Mr. Bellota recalled that Post told him the repairs listed in the appraisal would be done before closing. After their telephone conversation, a copy of the “Conditions of Improvements” page was faxed to Mr. Bellota, who read the faxed page. The entire appraisal was faxed later.

On August 15, 1996, Professional Engineer Robert Davis conducted a structural inspection of the house and property for Chautauqua Realty. In the | ¡¡conclusion to his written report, .Davis commented that he had found conditions typical of residences in that area, such as water and/or termite damaged flooring, sub-flooring and floor joists in limited areas of the house, minor cracks in the baseboard in the corner of one bedroom and tile damage in one bathroom.

In an August 25, 1996 letter to Theo Barr of Chautauqua Realty, Davis wrote:

I conducted a follow-up inspection of the above referenced property on Friday, August 23, 1996. All repairs noted in the inspection report dated August 15, 1996 have been satisfactorily completed. It is further recommended that an annual termite inspection/treatment program be conducted at this residence. In addition the drainage should be maintained in its present state to prevent excess water from collecting beneath the structure. Small amounts of water and moisture beneath the structure should not be a cause of concern.

Carroll signed a “Satisfactory Completion Certificate” on August 26, 1996. The form language of the certificate states, in part, “I certify that I have reinspected subject property, the requirements or conditions set forth in the appraisal report have been met, and any required repairs or completion items have been done in a workmanlike manner.” Carroll added:

The subject’s repairs appear to have been completed and other inspections where [sic] to have been done by an engineer, exterminator and a dirt contractor, Written verification as to the compliance of the appraisal is to be furnished to the lender by the other inspectors.

The Bellotas returned to Louisiana on August 25, 1996 and conducted an exami[19]*19nation of the house that afternoon with realtor Eddie Barnes. The Bellotts questioned Barnes about the yard and the pipe which exited the crawl space. Mr. Bellott thought the pipe may be connected to the sink or washing machine. A new kitchen floor had been installed and the raised area in the den had been repaired. The wall in one bathroom had been painted where the wallpaper had been removed. Mr. Bellott saw that grading work had been done on the property. This grading included dirt having been pushed from the crawlspaee down towards the |4backyard. Mr. Bellott contends that while grading work was done, water was not diverted from the house.

The closing took place on August 26. The Bellotts allege that they were informed during the closing that they could not have a copy of the engineer’s report. Upon taking possession of their newly purchased home, the Bellotts detected foul odors while cleaning parts of the house.

Michael Bellott testified that there were two inches of water under the house on September 27, 1996. When the Bellotts told Theo Barr about the water, she allegedly told them to turn on the sump pump. The Bellotts had believed the sump pump had already been removed when they purchased the house. Apparently, the pipe exiting from the crawlspaee, which the Bellotts had seen on earlier visits, was part of the sump pump. When the Bellotts asked Barr why the sump pump remained under the house, Barr allegedly told them that workmen had said no harm would be caused by leaving the sump pump under the house. The sump pump was eventually removed that October.

The Bellotts soon learned that raw sewage had leaked into their home on two separate occasions before they purchased the house.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Broin v. Phillip Morris Companies, Inc.
84 So. 3d 1107 (District Court of Appeal of Florida, 2012)
Kent v. Cobb
811 So. 2d 1206 (Louisiana Court of Appeal, 2002)
Wyatt v. Elcom of Louisiana, Inc.
792 So. 2d 832 (Louisiana Court of Appeal, 2001)

Cite This Page — Counsel Stack

Bluebook (online)
748 So. 2d 16, 1999 La. App. LEXIS 2477, 1999 WL 735853, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bellott-v-emery-lactapp-1999.