Uptown homeowners file $500k lawsuit for breach of contract

NEW ORLEANS – The owners of an Uptown New Orleans area home are suing two individuals for allegedly agreeing to buy their home and subsequently reneging on the agreement with no notification.

Matthew Stowell and Emily Stowell filed suit against Steven Maklansky and Aylin Maklansky in the Orleans Parish Civil District Court on Nov. 13, 2014.

The plaintiffs assert that they entered into an agreement with the defendants on Sept. 25, 2014, stating that they would sell their home at 1419 Pine St. in New Orleans to the defendants for the price of $513,000. The defendants purportedly made a $10,000 deposit prior to the closing of the deal, and allegedly agreed to a 12-day inspection period following which, barring written notice of termination or deficiencies in the house, would result in the sale being finalized.

The plaintiffs claim that they notified the defendants of the date on which they would close the sale and received no notification from the defendants terminating or changing the terms of sale. The plaintiffs allege that on Oct. 27, 2014 the defendants failed to appear at the closing of the sale and thus breached their contract.

The plaintiffs seek damages granting them 10 percent of the sale price ($51,300) and retention of the $10,000 deposit for additional real estate taxes, attorneys' fees, insurance premiums and mental anguish.

The plaintiffs are represented by Edmond C. Hasse III, Edward L. Fenasci and R. Ethan Zubic of New Orleans-based Montgomery Barnett LLP.

This case has been assigned to Division J Judge Paula A. Brown.

Case no. 2014-10906.