Decker v. Melton

253 So. 3d 856
CourtLouisiana Court of Appeal
DecidedAugust 15, 2018
DocketNo. 52,213-CA
StatusPublished
Cited by1 cases

This text of 253 So. 3d 856 (Decker v. Melton) 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
Decker v. Melton, 253 So. 3d 856 (La. Ct. App. 2018).

Opinion

BROWN, C.J.

Plaintiff, Mildred Decker, appeals from a judgment partially dismissing her claims of fraud and redhibition related to the sale of a home that Decker purchased from Defendants, Merrill Melton and Paul Holloway. Plaintiff alleges that Defendants did not disclose that part of the home was susceptible to flooding prior to her purchase of the home. Decker sought reduction of the purchase price, damages, and attorney fees. For the following reasons, we affirm.

FACTS AND PROCEDURAL BACKGROUND

On April 17, 2014, Plaintiff and Defendants executed a cash sale deed whereby Plaintiff purchased Defendants' home at 2003 Chase Crossing, Shreveport, Louisiana ("the Property"). The sale was made with warranties. Defendants completed a property disclosure document prior to the sale wherein they answered "No" to the following questions:

(5) Has any flooding, water intrusion, accumulating, or drainage problem been experienced with respect to the land? If yes, indicate the nature and frequency of the defects at the end of this section.
(12) Has any structure on the property ever taken water by flooding (rising water or otherwise)? If yes, please give the *858nature and frequency of the defect at the end of this section.
(31) Has there been property damage related to the land or improvements thereon, including, but not limited to, fire, windstorm, flood, hail, lightning, or other property damage?

Plaintiff purchased the property for $315,000. Plaintiff discovered in the spring of 2015 that the Property had allegedly previously "flooded" during Defendants' ownership of the Property.

Plaintiff alleged that she experienced "flooding" on the Property on five occasions after the sale.1 According to Plaintiff, the flooding would occur in the enclosed patio area, which Plaintiff referred to as her "den," "TV room," "sunroom," and/or "enclosed patio." Plaintiff filed a petition alleging redhibition and fraud, claiming that she spent significant sums of money to repair damage caused by the flooding. Plaintiff also alleged that there were defects in the swimming pool that Defendants did not disclose and were not apparent by visible inspection. In the petition, Plaintiff sought rescission of the sale and an award of damages, attorney fees, and costs associated with the suit. Plaintiff later sought a reduction in the purchase price.

Plaintiff amended her petition to allege two further "flooding events" at her home,2 and Plaintiff included a list of repairs and costs associated with the March, May, and June 2015 "flooding events." Plaintiff also alleged that the swimming pool leaked and had a broken heater, and that the pool sweep and sweep motor were broken. Defendants denied the allegations in their answer.

A three-day trial was held on April 25, 26, and 27, 2017, which included extensive testimony from Plaintiff, and the trial judge visited the Property the morning after a rainfall. The trial court provided extensive oral reasons for judgment on May 23, 2017. The trial court found in favor of Plaintiff with regard to the defective pool heater, granting her damages and attorney fees. The trial court dismissed the remaining claims. Plaintiff lodged the instant appeal.

DISCUSSION

Plaintiff's assignments of errors on appeal are: 1) whether the trial court erred in finding that the Property did not suffer from a redhibitory defect; 2) whether the trial court erred in finding that the Property was fit for its intended use; and, 3) whether the trial court erred when it failed to award damages. Defendants argue that the trial court correctly applied Louisiana laws on redhibition to the facts in this case.

The standard of review in cases regarding findings of fact is manifest error. In order to reverse the fact finder's determination of fact, the reviewing court must review the entire record and find that a reasonable factual basis does not exist for the finding, and determine that the record establishes that the fact finder is clearly wrong or manifestly erroneous. Bailey v. Delacruz , 49,032 (La. App. 2d Cir. 06/16/14), 143 So.3d 1220.

The seller warrants the buyer against redhibitory defects, or vices, in the thing *859sold. A defect is redhibitory when it renders the thing useless, or its use so inconvenient that it must be presumed that a buyer would not have bought the thing had he known of the defect. The existence of such a defect gives a buyer the right to obtain rescission of the sale. A defect is redhibitory also when, without rendering the thing totally useless, it diminishes its usefulness or its value so that it must be presumed that a buyer would still have bought it but for a lesser price. The existence of such a defect limits the right of a buyer to a reduction of the price. La. C.C. art. 2520. The seller owes no warranty for defects in the thing that were known to the buyer at the time of the sale, or for defects that should have been discovered by a reasonably prudent buyer of such things. La. C.C. art. 2521.

Apparent defects that could have been discovered by simple inspection are not redhibitory. McCarthy v. E & L Dev., Inc., 45,683 (La. App. 2d Cir. 11/10/10), 54 So.3d 1143, writ denied, 10-2739 (La. 02/04/11), 56 So.3d 979. A simple inspection is more than a casual observation; it is an examination of the article by the buyer with a view of ascertaining its soundness. Hancock v. Lauzon , 49, 535 (La. App. 2d Cir. 01/14/15), 161 So.3d 957. Whether an inspection is reasonable depends on the facts of each case and includes such factors as the knowledge and expertise of the buyer, the opportunity for inspection, and the assurances made by the seller. Stuck v. Long , 40,034 (La. App. 2d Cir. 08/17/05), 909 So.2d 686, writ denied , 05-2367 (La. 03/17/06), 925 So.2d 546.

The buyer must give the seller notice of the existence of a redhibitory defect in the thing sold. That notice must be sufficiently timely as to allow the seller the opportunity to make the required repairs. A buyer who fails to give that notice suffers diminution of the warranty to the extent the seller can show that the defect could have been repaired or that the repairs would have been less burdensome, had he received timely notice. Such notice is not required when the seller has actual knowledge of the existence of a redhibitory defect in the thing sold. La. C.C. art. 2522. The thing sold must be reasonably fit for its ordinary use.

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Bluebook (online)
253 So. 3d 856, Counsel Stack Legal Research, https://law.counselstack.com/opinion/decker-v-melton-lactapp-2018.