Ala. Court Reinstates Negligence Claim Against Sellers in EIFS Case

MONTGOMERY, Ala. - Alabama's court of Civil Appeals on June 30 reinstated a negligence claim brought by homebuyers who contend that a new home purchased in 1995 was clad in defective synthetic stucco. Desouza v. Lauderdale, No. 2031051 (Ala. Civ. App.).

Pearl and Kimberly Desouza purchased a new home from Don and Sheila Lauderdale in 1995. They retained Home Buyer's Inspection Service to conduct a pre-sale inspection. Home Buyer's reported no defects, but said the synthetic stucco siding (Exterior Insulation Finish System, or EIFS) needed 'touching up,' and that a piece of the 'membrane' was visible at one location.