Couple sues after home suffered water damage immediately following purchase

GRETNA – A couple who bought a home from its longtime owners is suing when they found the home had severe defects shortly after they moved in.

Jason C. and Erin S. Fulcher filed suit against William R. Duncan, Linda L. H. Duncan and Rhino Shield Louisiana LLC in the 24th Judicial District Court on Feb. 28.

The Fulchers claim they bought a home located at 10 Rue Dijon in Kenner from the Duncans on March 1, 2013. The plaintiffs assert they took possession of the property and discovered severe water intrusion along a wall in the property that resulted in rain coming into the home and damaging their newborn’s nursery and making the home unsafe for occupancy. The Fulchers allege that the Duncans owned the home for 36 years and should have warned them about the problems that existed before they took possession of the home.

Due to the alleged problems with the home, the plaintiffs claim they made temporary repairs to the property in the amount of $500 and have incurred additional expenses in its continued maintenance.

The defendant is accused of breach of warranty and breach of contract.

An unspecified amount in damages is sought for remediation expenses, a reduction in purchase price of the property or recision of the sale altogether.

The Fulchers are represented by S. Jacob Braud of Belle Chasse-based Ballay, Braud & Colon PLC.

The case has been assigned to Division M Judge Henry G. Sulivan Jr.

Case no. 735-958.