Buyer v. Seller: Fraudulent Misrepresentation in Property Sale (Hidden Structural Defect)

A dispute arose concerning the sale of a property where the buyer alleged that the seller had deliberately concealed a significant defect, specifically the poor structural condition of the foundation, which rendered the property partially unusable, thus constituting fraudulent misrepresentation under the Civil Code regarding the hidden vice of the sold thing. The court of final instance found that the seller's failure to disclose a known, serious defect that substantially impaired the property's use, despite the existence of a general warranty clause, amounted to fraud because the information withheld went to the very substance of the agreement, leading to the quashing of the lower court's decision that had dismissed the buyer's claim.