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LOUISIANA RECORD

Friday, March 29, 2024

Home inspector and sellers sued by home buyer for alleged negligent representations

Constructioninsurance

NEW ORLEANS – A company that purchased a New Orleans home is suing the inspector it hired to inspect the property as well as the home's sellers for allegedly lying about the actual condition of the home and failing to reveal several major problems with it.

Canalor Holdings filed suit against Paul Mistretta, Mistretta Builders & Repairs and NorthJohnson LLC. in Orleans Parish Civil District Court on May 11.

The plaintiff claims it noted in early 2014 that the property at 1936-39 North Johnson St. was for sale and expressed interest in it and retained M­istretta for inspection of the property to learn of its true condition and make an informed decision on buying it. Mistretta allegedly said he was qualified to perform an inspection and an invoice of his indicated he was “insured." On May 16, 2014 the defendant purportedly delivered a written report saying a $6,000 investment would be necessary to repair the property.

Canalor claims it proceeded to acquire the property finalizing purchase in May 2014, and only after buying the house did the plaintiffs discover many more problems which led to them retaining Sunshine Home Inspection for a second inspection that found numerous new issues. The plaintiff claims the total of the new estimate greatly exceeded the original, with the plumbing estimate alone exceeding $5,000 according to “Pipes R Us Plumbing”.

The plaintiff claims to have suffered significant damages allegedly as a direct result of the defendant's negligence and breach of contract. NorthJohnson who it bought it from, advertised a four plex but the building was instead a two-plex. That business is also being sued for allegedly fraudulently inducing the plaintiff to purchase the property and causing significant damages.

The plaintiff is seeking the return of the purchase price of $79,900, interest, court costs and attorney's fees, as well as expenses from preservation of the property and legal fees

The plaintiff is being represented by Eric A. Bopp and Walter R. Woodruff Jr. of Mandeville.

This case has been assigned to Division M Judge Paulette Irons

Case no. 2015-04503.

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