Seller's Duty to Disclose Visible Servitudes to Professional Buyer
Synthèse Legislator
Généré par l'IAA lower court annulled a contract for the sale of land, finding that the seller, who was a farmer, had not properly informed the buyer about a servitude of passage burdening the property, which significantly reduced its value. The Supreme Court quashed this decision, reasoning that an ordinary professional buyer is presumed to have knowledge of visible and apparent servitudes affecting the property, or to have had the opportunity to inspect the premises, meaning the seller had no obligation to explicitly point out such an encumbrance unless the buyer specifically inquired about it.
Regeste Legislator
Généré par l'IASeller's Duty to Disclose Visible Servitudes to Professional Buyer: The Supreme Court quashed this decision, reasoning that an ordinary professional buyer is presumed to have knowledge of visible and apparent servitudes affecting the property, or to have had the opportunity to inspect the premises, meaning the seller had no obligation to explicitly point out such an encumbrance unless the buyer specifically inquired about it.