Buyer Seeks Rescission Over Misrepresented Property Area in En Bloc Sale
Synthèse Legislator
Généré par l'IAThe case involved a dispute arising from a contract for the sale of a property where the buyer sought rescission, alleging that the seller had misrepresented the true surface area of the land described in the deed, which was subsequently found to be significantly smaller than stated. The court rejected the appeal, affirming that while the difference in surface area was substantial, the sale was made *en bloc* (as a whole unit) and not by measurement, and since the contract did not explicitly state that the area was a condition essential to the sale, the discrepancy did not grant the buyer the right to demand rescission of the sale under the relevant civil code provisions, which limit remedies for such discrepancies in *en bloc* sales.
Regeste Legislator
Généré par l'IABuyer Seeks Rescission Over Misrepresented Property Area in En Bloc Sale: The court rejected the appeal, affirming that while the difference in surface area was substantial, the sale was made *en bloc* (as a whole unit) and not by measurement, and since the contract did not explicitly state that the area was a condition essential to the sale, the discrepancy did not grant the buyer the right to demand rescission of the sale under the relevant civil code provisions, which limit remedies for such discrepancies in *en bloc* sales.