Couples in this MS Coast city sue over flooded houses, say sellers deceived them
Two couples who bought homes in a D’Iberville subdivision claim in lawsuits that they will suffer “considerable financial loss” if they try to sell because the builder and its agents deceived them about property conditions.
The properties, which sit on the same side of a street in River’s Edge subdivision, back onto and sit above an oxbow lake connected to the Tchoutacabouffa River.
Both couples say they were told when they bought their homes that they were not in flood zones and there had been no problem with standing water or erosion. Both homes flooded after multiple heavy rainfalls, including during Hurricane Ida, in August and September 2021. WLOX-TV reported at the time that the floodwater was from rain, not the river.
Charles and Amanda Notter and Mitchell and Karee Jimerson have filed lawsuits in Harrison County Circuit Court against builder DSLD Homes LLC; Brett and Tanya Illing, a D’Iberville couple who were agents involved with the sale; and land surveyor Patrick Martino of Biloxi.
The Notters and Jimersons says their homes are worth far less than they paid for them because of the flooding and erosion. They accuse DSLD and the individuals named of breach of contract, civil fraud, gross negligence and conspiracy. The couples are seeking unspecified damages to compensate for their losses, plus punitive damages, attorney’s fees and other costs.
DSLD and the individuals sued have denied any wrongdoing and are asking that the Notters’ lawsuit be dismissed. Responses to the Jimersons’ lawsuit have not yet been filed.
Flood insurance info incorrect
The Notters, who filed their lawsuit first, in August, say they bought their home for $269,815 in May 2020. The Jimersons, whose lawsuit was filed in October, say they paid $257,900 for their home in November 2019.
The homes were new when the Notters bought their model, a four-bedroom, two-bath. They sit on a quiet street in a subdivision that has been built out in phases on property north of Interstate 10. The Tchoutacabouffa River is not visible from the houses but sits only a a short distance to the southeast.
Both the Notters and Jimersons said they relied on property disclosure statements produced during the sales when they decided against buying flood insurance. The statements indicated no portion of the properties were in flood zones and that flood insurance was not required.
As a result of the heavy rainfalls in August and September 2021, the lawsuits say, both homes were “severely flooded and sustained major damage.” Since that time, the properties have also needed “costly and ongoing repairs” because of severe erosion problems.
Real estate agents deny liability
DSLD says in a motion to dismiss the Notters’ case that the couple waited too long to file their lawsuit because the three-year statute of limitations has expired. The Notters signed a Property Disclosure Statement in November 2019 and a sales contract in May 2020. Further, DSLD says, Brett Illing can’t be held liable as an individual because he was acting as the sales representative for DSLD.
DSLD and Illing also point out the disclosure paperwork included a disclaimer that the accuracy of the flood risk could not be guaranteed. The disclaimer, or Flood Determination Disclosure, included links to Federal Emergency Management Agency information and maps where flood risk can be checked.
DSLD also pointed out the subdivision is called River’s Edge and the couple knew its proximity to the lake and river. DSLD’s motion says they “had all this information available to them for at least six months before their closing on their purchase of this property.”
Tanya Illing, the Notters’ real estate agent in the home purchase, says paperwork the couple signed agreed that they did not rely on any statement or documentation from her, their broker, regarding the property’s condition. Such language is standard in home sales contracts. Tanya Illing’s motion to dismiss the lawsuit also says the statute of limitations has expired.
