Fowler v. Calamari

GULOTTA, Judge.

Appealing from a $1,500.00 reduction of a $24,000.00 purchase price on a residence for roof defects, defendant-seller contends plaintiff-purchasers failed to make an adequate pre-sale, simple inspection that would have disclosed the defect. We agree. Accordingly, we reverse.

The trial judge concluded that the roof defects existed at the time of purchase and were unknown to plaintiffs, but he made no finding regarding the discoverability of the defect through simple inspection of the premises.

Under LSA-C.C.Art. 2521, apparent defects such as the buyer might have discovered by…