You are viewing a free summary from Descrybe.ai. For citation checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.

Yarborough v. Lewis

Citations: 388 So. 2d 474; 1980 La. App. LEXIS 4414Docket: No. 14240

Court: Louisiana Court of Appeal; August 18, 1980; Louisiana; State Appellate Court

Narrative Opinion Summary

This case involves a redhibition action where home purchasers sought a price reduction due to a defective central heating and air conditioning system. Despite the defect being latent, which typically supports a redhibition claim, the home was sold 'as is,' preserving the seller's implied and express warranty obligations. The central heating unit was irreparably defective, having been replaced by window units for over six years before the sale. The seller had not used the central unit since purchasing the home and disclosed its condition during the sale process. The purchasers were aware of the unit's inoperability before completing the transaction, which negated claims of warranty breach. The trial court's decision, which found no redhibitory vice and upheld the credibility of the seller's disclosures, was affirmed on appeal, resulting in a ruling against the purchasers and costs imposed on them.

Legal Issues Addressed

Disclosure Obligations of the Seller

Application: The seller disclosed the central unit's inoperability to the realtor and the purchasers' attorney-in-fact, fulfilling the obligation to inform the purchasers of the defect.

Reasoning: The seller was aware of the central unit's inoperability, having never used it since purchasing the home in 1972, and disclosed this to a realtor and the purchasers' attorney-in-fact during the sale process.

Implied and Express Warranties

Application: The court found no breach of the implied warranty of fitness or the express warranty due to the purchasers' prior awareness of the central heating unit's inoperability.

Reasoning: Consequently, there was no breach of the implied warranty of fitness or the express warranty, and the home was not deemed to have a redhibitory vice.

Redhibition and Latent Defects

Application: The defect in the central heating unit was classified as latent, which generally allows for a redhibition claim; however, the purchasers' awareness of the defect negated the claim.

Reasoning: The defect was classified as latent, generally allowing for a redhibition claim, but the home was sold 'as is,' which did not exempt the vendor from the implied warranty of fitness or the express warranty concerning the heating/air conditioning system.

Standard of Review and Credibility Determinations

Application: The appellate court upheld the trial court's credibility determinations, affirming the judgment against the appellants.

Reasoning: The trial court's credibility determinations were upheld, leading to the affirmation of the judgment at the appellants' cost.