Purchaser v. Seller (Latent Defects and Burden of Proof)

A purchaser of real property filed a claim against the seller after discovering latent defects, specifically water infiltration and associated damage, which the seller had allegedly failed to disclose prior to the sale, leading the lower court to rule in favor of the seller based on the absence of proof that the seller was aware of the defects. The appellate court overturned this decision, reasoning that the seller's obligation to disclose latent defects under the civil code implies a presumption of bad faith or responsibility when such significant, undisclosed defects are discovered shortly after the sale, shifting the burden to the seller to prove they were unaware, which in this case, the seller failed to adequately establish.