Rescission of Sale Denied Due to Purchaser's Failure to Verify Boundaries
Synthèse Legislator
Généré par l'IAA person brought an action for rescission of a sale agreement, alleging that the seller had fraudulently misrepresented the property's boundaries, a fact that was later confirmed by a survey showing the actual property was significantly smaller than represented, but the appellate court rejected the claim because the purchaser had the means, through official records, to verify the boundaries prior to the sale, thus negating the claim of excusable error or fraud that would justify rescission under the relevant civil code provisions.
Regeste Legislator
Généré par l'IARescission of Sale Denied Due to Purchaser's Failure to Verify Boundaries: A person brought an action for rescission of a sale agreement, alleging that the seller had fraudulently misrepresented the property's boundaries, a fact that was later confirmed by a survey showing the actual property was significantly smaller than represented, but the appellate court rejected the claim because the purchaser had the means, through official records, to verify the boundaries prior to the sale, thus negating the claim of excusable error or fraud that would justify rescission under the relevant civil code provisions.