Sells v. Puls

liAMY, Judge,

dissenting.

I respectfully dissent. The structural cracks allegedly evidencing foundation failure were present at the time of the purchase and should have alerted a reasonable purchaser that further investigation was necessary. See Fruge v. Hancock, 94-730 (La.App. 3 Cir. 12/7/94); 647 So.2d 488, writ denied, 95-0070 (La. 3/10/95); 650 So.2d 1181. See also Duplechin v. Adams, 95-0480 (La.App. 1 Cir. 11/9/95); 665 So.2d 80, writ denied, 95-2918 (La. 2/2/96); 666 So.2d 1104.

As stated in the majority opinion, the jurisprudence in this area indicates that a buyer’s inspection does not…