Nicholson v. Ellerbe

SHORTESS, Judge.

I respectfully concur in the result.

Apparent defects are those which can be discovered by simple inspection, and such defects are not considered redhibitory vices. La.C.C. art. 2521 and Pursell v. Kelly, 244 La. 323, 152 So.2d 36 (1963). Mr. Nicholson was concerned about the property’s suscep*1150tibility to flooding, as he was aware of the April, 1977, flood and knew that Lot 32 was adjacent to Hurricane Creek. He acted as a reasonably prudent buyer in inquiring about the potential for flooding while negotiating the sale for his mother. Mr. Nicholson alleged that certain…