Home buyers claim sellers failed to disclose defects before $880K purchase

GRETNA – A Jefferson Parish couple who bought a home are suing the sellers for allegedly not disclosing defects in the property before the sale.

McKinley and Dawn Eastman filed suit against 131 Beverly Knoll LLC, Clipper Construction LLC, Troy Duhon and Joseph Tufaro in the 24th Judicial District Court on July 3.

The Eastmans claim they bought the home located at 129 Beverly Drive in Metairie for $880,000 from Beverly Knoll, but that the property was subject to a foreclosure sale and they would receive the title to the home within 60 days of the purchase.

The plaintiffs claim the property was first sold to Beverly Knoll via a Sheriff’s Sale and then resold to them. The Eastmans assert that before they took possession of the property the defendants knew of a massive termite infestation and mold buildup in the home due to roof leaks, but sold the home anyway without disclosing the issue and with the assurance that the area had been cleared by expert inspectors, according to the suit.

However, after the plaintiffs retained their own experts they claim to have found the damage existed and no efforts at repair had been made before the sale.

The Eastmans allege after they brought their findings Duhon verbally assaulted them and said the reimbursement for repairs would be provided by the defendants. The plaintiffs assert the cost of repairs totaled $9,400 and that they requested that amount from the defendants after the repairs were completed, but the defendants have refused to make any payments for the defects, the suit states.

The defendant is accused of failing to disclose the attempts to repair the damage to the roof, having knowledge of the defects, misrepresenting the condition of the home, concealing the home’s defects and avoiding a reduction in purchase price, according to the suit.

An unspecified amount in damages are sought for costs to repair damage and defects and monetary damages resulting from inability from moving into home.

The Eastmans are represented by Edward J. Rantz of New Orleans-based Frilot LLC.

The case has been assigned to Division F Judge Michael P. Mentz.

Case no. 728-614.