Buyer v. Seller: Real Estate Rescission for Undisclosed Structural Defect

A civil dispute arose concerning a real estate transaction where the buyer sought rescission of the sale based on the seller's alleged failure to disclose a known, significant defect impacting the property's structure, which the buyer only discovered after the purchase. The appellate court upheld the lower court's decision to annul the sale, reasoning that the seller had an affirmative duty to disclose known latent defects that materially affected the property's habitability or value, and that the undisclosed structural issue constituted such a defect, justifying the buyer's contractual remedy for fraud or mutual mistake regarding an essential quality of the thing sold.