Legal Question in Real Estate Law in Louisiana

Property disclosure question

Recently had problems with our fiberglass pool (walls caving in). Insurance denied our claim saying that this problem if (a tree didn't fall on it) normally doesn't happen and we must have not taken care of the pool. Recently we learned from a neighbor that a tree had in fact fallen on the pool after hurricane Katrina. The only disclosure listed from the storm was fence damage that they repaired right near the pool. When asked about the crack on the ledge of the pool, the previous owner said that normal ground movement and conrete settlement cause the crack. The house was bought ''as is'', but would a tree falling on a pool causing a crack need to be disclosed? My realtor said that if i talked to a lawyer i might have a case.


Asked on 7/29/08, 9:41 pm

1 Answer from Attorneys
Nick Pizzolatto, Jr. Pizzolatto Law Office

Re: Property disclosure question

Ethically, morally you are right, they should have disclosed. However, any time someone sells anything "as is" you get what you see, and it is your obligation to investigate. Had they lied when you asked them about a tree falling, or if you can prove the crack was caused by the tree and the owner lied about that, you may have a case. Your remedy would be reduction of the price (by payment of damages) or rescission of the sale.

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Answered on 7/30/08, 7:59 am


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