Seller Disclosure, Latent Defect, and Proof of Knowledge in Property Sale

The dispute arose from a seller's failure to disclose a latent, fundamental defect in a property—specifically, a hidden drain that contaminated the premises—leading the buyer to seek rescission of the sale contract and damages. The Court of Cassation rejected the appeal, affirming the lower court's decision, on the grounds that the evidence presented was insufficient to establish that the seller was aware of the defect at the time of the sale; the mere existence of a serious, non-apparent defect, while permitting rescission under the warranty against hidden defects, did not automatically imply bad faith or fraudulent concealment on the part of the seller without proof of the seller's prior knowledge.