Jefferson Parish resident sues over purchase of flood-prone home

By Carrie Bradon | Mar 31, 2017

NEW ORLEANS – A woman is seeking damages after purchasing a home, alleging the sellers misrepresented the property, which is subject to flooding. 

Lynne Anne Fowler filed a lawsuit March 7 against Mary Ann Marks and Byron C. Marks, Jill Wren, and P&M Equities Inc., doing business as Re/Max N.O. Properties, in Orleans Parish Civil District Court alleging sums due.

According to the complaint, the plaintiff is a resident of Jefferson Parish. The suit states that the plaintiff purchased the property in November 2015 at 9516 Greg Court. The suit states that the plaintiff would not have purchased the property if she had been aware of the damage to the property and its being subject to flooding.

The plaintiff was sold the home for $480,000, and in March 2016 the house was flooded. This happened again in April and then in July, and January 2017. The plaintiff consulted the sellers of the home, but the defendants failed to take any responsibility for the incident, though the plaintiff discovered that the defendants had misrepresented the information to her, the claim said.

The defendant is accused of breach of warranty of redhibition, fraud and fraudulent misrepresentation as well as enrichment without cause.

The plaintiff seeks all reasonable damages, court costs, attorney fees and all appropriate relief. The plaintiff is represented by attorney Scott Galante, Salvador Bivalacqua and Lauren Bergeron of Galante & Bivalacqua LLC in New Orleans.

The case has been assigned to Division B Judge Melvin Zeno.

Orleans Parish Civil District Court Case number 2017-2098.

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