Homeowner v. Seller: Fraudulent Concealment of Dry Rot

A homeowner sued the seller of a property for the discovery of dry rot, which was not mentioned during the sale, claiming the seller fraudulently concealed a known defect under the principle of *vice caché* (hidden defect). The court held that for a seller to be liable for fraudulent concealment of a known defect, the buyer must prove that the seller was actually aware of the defect's existence and intentionally misled the buyer about it; as the lower court failed to establish this necessary element of bad faith or deliberate concealment on the part of the seller regarding the extent or existence of the defect, the claim for rescission of the sale based on fraud was rejected.