Beaumont homeowners sue surveyor for elevation mistake

Kelly Holleran Mar. 9, 2010, 8:00am

A Beaumont couple has filed suit against the surveyor who told them a home they would be purchasing sat above sea level when, in fact, the home flooded shortly after the couple moved in.

Keith and Tracy Breiner claim they purchased a home at 11503 Davidson Road in Beaumont and received a certificate from defendant Richard F. Faust of Faust Engineering and Surveying indicating that the base flood elevation was 9 feet above sea level.

In addition, Faust told the Breiner's that the top of the first level floor of the home sat 13.1 feet above sea level, according to the complaint filed Feb. 25 in Jefferson County District Court.

"After being flooded, Plaintiffs learned that the actual elevation of their home was substantially less than 13.1 feet," the suit states. "Had they known of the actual elevation, they would have either not bought the property, sold the property once they learned it was actually below the base flood elevation or taken other steps to mitigate their damages."

The Breiners allege negligence, violation of the Deceptive Trade Practices Act and fraud against Faust.

Because of the flooding at their home, the Breiners claim they incurred repair and rebuild costs, cosmetic and structural damages and a diminished home value.

The couple seeks general, special, legal and equitable relief; actual, statutory and exemplary damages; attorneys' fees; costs; and pre- and post-judgment interest.

Jason L. Cansler, Ryan Douglas White and Eric Wayne Newell of Brent Coon and Associates in Beaumont will be representing them.

The case has been assigned to Judge Donald Floyd, 172nd District Court.

Jefferson County District Court case number: E186-133.

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